Thus, it seems that smoking tenants are not appreciated by the majority of landlords and their tenants. All of our rental agreements contain a no-smoking clause that excludes smoking anywhere on the land (and this includes the garden), but this can be modified to reflect our landlord`s instructions when needed. We have always put our non-smoking clause in our « separately negotiated clauses » section. This means that the clause of the agreement is highlighted and that tenants can see clearly that smoking is not allowed. Owners are aware of bad odours and damage to a cabin caused by a regular smoking habit. But on the other hand, there are still a lot of smokers out there, and a tolerant attitude to cigarettes will open up a landlord up to the maximum number of potential tenants. You`re ignorant. Although it is not illegal to smoke in your apartment if your landlord declares in your contract that « smoking is prohibited », you are violating the contract, so the owner must act. No, it`s not illegal, it`s a violation of your contract. In July, the SNP spoke of a ban on smoking in municipal housing in Scotland, following the introduction in New York of a blanket ban on smoking in social housing.
The murmur caused controversy among pro-smoking groups, but was later unmasked by the Department of Health and Social Care. It is important to ensure that the rental application form contains a question about smoking. A little detective work can also help — I`ve often seen candidates stealing a cigarette just before a visit. To convince a judge to dislodge a tenant because of this type of breach of contract, you should certainly collect evidence that they smoked on the site, which can be difficult, if not impossible. You can`t drag a judge for a good sniff, unless you have testimony from neighbors who complain about the smell of smoke, or maybe a picture of ashtrays overflowing in the premises or the tenant with a fag in hand, they probably won`t succeed.