Is smoking ban legally enforceale in a rented property.

oldone_2

If it is a house then probably not enforcable. However if it is a building with apartments or flats then the smoking ban is valid since communal areas will quickly smell of cigarettes from the smokers clothing, depriving the other non-smoking tenants their right to quiet enjoyment of their property.

oldone_2

ilovecheese wrote: »

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.

This attitude worries me. You knowingly signed an agreement that said no-smoking, and then smoke. It is not only about re-decorating to hide your breaking of the agreement; what if one of your cigarettes caused a fire. Would the landlords insurance company pay up when their premiums reflect the fact the building is no smoking.

turkolina

Again thanks all for your responses..

Well after a very stressful few days and a house meeting with the tenants which was pretty useless as the imbecile tenant who was so drunk she could barely stand. She was so obnoxious and rude calling the other tenants pri$ks or perverts ???? I then left for her decide to use her floor like a trampoline.

I decided to go and see a very well recommended solicitor in our area who deals with landlord/tenant cases. I have about 30 pieces of audio evidence from tape recorders and mobile phones and over 50 emails and a statement from the neighbour. He has issued a Section 8 part 14 for nuisance in the house. He said that the taped information could be used as it showed her unreasonable and unruly behaviour.

I also have got a report from the police who was called to the house last weekend. The tenant took a taxi home and the taxi driver was so worried about her state of mind that he called the Police and an ambulance. When they arrived at 2am one of the other tenants had to open the front door. When the Police went to her room and knocked on her door she wouldn;t even open it and told them to get lost !!

My solicitor has already got me contracts for the other tenants and from nowon in everything will be done TO THE LETTER !!!!

thanks again..

Turks..

Geenie

oldone wrote: »

This attitude worries me. You knowingly signed an agreement that said no-smoking, and then smoke. It is not only about re-decorating to hide your breaking of the agreement; what if one of your cigarettes caused a fire. Would the landlords insurance company pay up when their premiums reflect the fact the building is no smoking.

I agree. The tenant took on a lease to a property that stated no smoking. There is no excuse for hanging out a window. They have broken their agreement. The smoke evades every part of the room....as an ex smoker I know. I have hung out of many windows over the years. But it always blows back in, stinks and yellows everything around.

I think the OP is in the right.