Is smoking ban legally enforceale in a rented property.

morg_monster

i realise it must be annoying, but at least they are leaning out of the window! Many wouldn't even bother doing that - and if they didn't, you wouldn't even know about it until they left and the place smelled like an ashtray. Have you been to the property recently? DOES it smell? does it have yellow ceilings? if not then personally, i wouldn't make a fuss over it. there are worse things they could be doing than hanging out of the window having a fag.

Robert_Sterling_3

maninthestreet wrote: »

If they are leaning out of the windows, their feet are inside the property.

But they do not smoke with their feet.

turkolina

Thanks everyone for your replies apart from Pastures New who i suggest when someone asks you a question, you should bend over as your response resembles something that comes out of your butt you patronising OAF!!!!!

The tenant in question has already been served S21 eviction notice.. This is just one thing of a longline of what she is doing.

She has already had the Police to see her at the house twice this week for her threatening behaviour which has also been taped by the tenants. She got a light tap on the wrist.. ahhhh the law in this country STINKS.

Fingers crossed she will leave at the end of this saga.. My other poor tenants have had more than enough..

Turks.

sooz

turkolina wrote: »

Thanks everyone for your replies apart from Pastures New who i suggest when someone asks you a question, you should bend over as your response resembles something that comes out of your butt you patronising OAF!!!!!

The tenant in question has already been served S21 eviction notice.. This is just one thing of a longline of what she is doing.

She has already had the Police to see her at the house twice this week for her threatening behaviour which has also been taped by the tenants. She got a light tap on the wrist.. ahhhh the law in this country STINKS.

Fingers crossed she will leave at the end of this saga.. My other poor tenants have had more than enough..

Turks.

You asked if the non-smoking signs in your house were legally enforcable.

It seems you have an HMO, so in her own bedroom, the answer is no. Even in the communal areas, since you don't live there, I don't know how you could actually enforce it.

Since you've already served a section 21, how long do you have to wait until this expires? Has she been late with the rent? You could try to evict her earlier with a section 8, but the other things you've mentioned such as threatening behaviour & smoking would only be covered under discretionary grounds.

As long as you are certain that you got the section 21 right, that if you need a licence for your HMO you have one (or you can't serve the 21).

All you can do about the smoking is to wait until after she has left, & then make reasonable deductions from the deposit to put right any damage to the decor or furniture caused by her actions. And if she doesn't remove the fag butts, a charge for the services of a gardener to do so . Is her deposit in scheme, & did you take a full inventory?

tbs624

turkolina wrote: »

Thanks everyone for your replies apart from Pastures New ..........

Now then Turks, you're having a rough time with a tenant but PasturesNew just has a distinctive style of posting - stick around a bit and you'll probably grow to love the majority of her posts, just like the rest of us do. She has brightened many a thread on here (despite her ceilings probably being a tad yellow)

RecoveringAlcoholic

She got a light tap on the wrist.. ahhhh the law in this country STINKS.

Just out of interest, but who vets your tenants?

PasturesNew

tbs624 wrote: »

Now then Turks, you're having a rough time with a tenant but PasturesNew just has a distinctive style of posting - stick around a bit and you'll probably grow to love the majority of her posts, just like the rest of us do. She has brightened many a thread on here (despite her ceilings probably being a tad yellow)

I always smoke outside.

I don't like the smell, it's a serious fire risk and I am petrified of fire.

Also, I don't want to be making things all smelly and nasty, nor redecorating.



I just thought the OP sounded a bit .... of a nutter.

ilovecheese

If you look at all the adverts for rented property, it would appear that NO-ONE who smokes ever rents! We are smokers and we do smoke in our appartment (it does say on the agreement that we can't) we only smoke in the kitchen with the window open, and when it is time to move out we will re-paint the celing and clean the flat so well that the LA will not be aware that we were smoking, we did exactly the same thing in our previous flat and had no problem getting our full deposit back.

mlz1413

turkolina wrote: »

Thanks everyone for your replies apart from Pastures New who i suggest when someone asks you a question, you should bend over as your response resembles something that comes out of your butt you patronising OAF!!!!!

The tenant in question has already been served S21 eviction notice.. This is just one thing of a longline of what she is doing.

She has already had the Police to see her at the house twice this week for her threatening behaviour which has also been taped by the tenants. She got a light tap on the wrist.. ahhhh the law in this country STINKS.

Fingers crossed she will leave at the end of this saga.. My other poor tenants have had more than enough..

Turks.

Taking the bits in bold this sounds like a HMO and not a individual property. As said earlier in a HMO you cannot smoke in the communal areas and so I'm assuming the 3 signs are in communal areas and don't apply to the rooms.

Technically she is smoking outside - ie her head and shoulders are outside the window and so the smoking is outside the window, I think it would be a pointless and expensive court battle to try and prove she has caused damage or costs to you on this matter.

RainMaker_2

I always have a "no smoking" clause written into my agreements. I wouldn't have thought such a clause could be deemed an unfair term. But regardless, the main reason it's there is this;

If smoking was allowed the Tenant could claim "fair wear & tear" with the odd cigerette burn in the carpets and / or discolouration of walls / paintwork. Something I'm not willing to pay for.

I smoke myself, so can hardly have a problem with anybody doing the same, provided the property is returned in the same condition as it was when first let.

Now, I'm off for a puff....