No smoking is the way forward with legislation and keeping your property in a better condition for longer.
“No Smoking” is the most common phrase used by landlords these days. This is due to the smell and redecoration that needs to be carried out after a tenant vacates. The introduction of legislation and public areas, has made this easier for landlords to enforce.
When it comes to a rented property some landlords are still not clear on the rules.
Houses and properties with private entrance to a single dwelling:
There are no rules governing these properties (as long as there are no communal areas affected by other parties).
Flats, Maisonettes and Apartments:
If these properties have a private entrance that is not used or classed a communal entrance again there are no rules governing smoking in the property. If these types of properties have communal areas and are shared in some respect by other members of the public (one or more tenants in a building) the Smoke Free Legislation is in force regarding these areas.
The Smoke Free Legislation exists in the communal areas of these buildings. It means any area of the property that is shared by other residents or members of the public, Smoking is not permitted and is against the law.
Where legislation governs the No Smoking rule signs should be displayed to this effect.
Despite the laws and legislation, a landlord can place a clause in a tenancy agreement. This can state “No Smoking is Permitted within the Property”. If the tenant ignores the clause, then they will be in breach of contract and liable for eviction following the proper procedure.
It is becoming more common for landlords to deny a tenancy due to the applicant being a smoker. I have many landlords on our books who have a strict ban on smokers as tenants.
The Key Factors:
Display ‘No Smoking’ signs in the communal areas of shared houses flats with communal hallways etc.
Make tenants aware of the legislation prior to signing an agreement and the consequences.
If a tenant is smoking in the building write letters to all occupants who share the communal areas reminding them of the legislation.
My advice is always having a ‘No Smoking’ clause in the agreement with your tenant.
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