In these days of human rights law, do landlords have the right to prevent their tenants from smoking in their rental property? Well, the short answer is – yes. This form is often used when a landlord`s original lease or lease does not address the problem of smoking or the landlord is concerned about the tenant`s recent use of the premises. It is quite possible to add a short clause to prevent tenants from smoking in their property. Our legal partners, Fidler and Pepper, propose something in this way: the applicability of this clause is another matter. If the landlord is convinced that a tenant smoked without their permission; They must first collect evidence. Just to say that the room smelled a ”little smoky”, it probably won`t cut in court! To evict a tenant for these reasons, a lessor would have to apply for the property using one of the debt-related grounds of ownership, such as Ground 12: the tenant has breached one or more of the terms of the lease, with the exception of the obligation to pay the rent. However, this is one of the grounds for ownership when the court gives an order of ownership to an owner at its discretion. I am a tenant and asthmatic, and I recently moved into a new room. My landlord smokes in the living room. And it really worries me and it recently increased another dose of inhaler for me. They never said they would smoke in the living room during my visit and there was nothing about smoking in the agreement. What do I do? To convince a judge to evict a tenant for this type of breach of contract, you should definitely collect evidence that they smoked on the site, which can be difficult, if not impossible. You can`t drag a judge for a good cold, so if you don`t have testimonials from neighbors complaining about the smell of smoke, or maybe a photo of ashtrays overflowing into the premises or the tenant with a pedal in hand, you probably won`t succeed.
Very interesting information, thank you to everyone who contributed. My wife and I live on the top floor of a two-story townhouse. We separated the entrance from the other tenants, but all that separates us from them are boards. As it is an old building, there are fireplaces in a row of rooms, they are traced, but I believe they are also shared by the rooms on the ground floor. Unfortunately for us, the tenants smoke downstairs and not just tobacco. During the winter months, they tend to smoke indoors or lean out the window. Our rooms smell of smoke and we are regularly affected by the illicit substances they smoke. They are often right outside their door, but since we have a window just above, it`s not good. The windows are of the old type of wing and do not keep smoke out. We asked them to be more caring, but they fall back into the old ways. We don`t have any other problems with them, so we don`t want to get in the lr`s back with them.
Our T/C view that smoking is not allowed, which I think is the same for them, there is legislation in Britain that says how far they should be from the building when they smoke outside, because we are both affected by their smoking. (especially the ”funny thing”) I found this because I let a few tenants move into a non-smoking apartment on the ground floor and within 3-4 days my kitchen smells of smoke and the apartment starts to smell. So was looking for what I can do to speed up their departure or get money back for my moving expenses, since the owner has now violated the non-smoking clause of his own agreement, Fun times ahead. The other approach could be to insist on a higher deposit from a smoker, in the hope that a landlord, if damage is caused, would succeed in withholding an amount from the rental deposit to cover the damage caused by smoking in their rental building. . . .