Smoking in rented property

All properties that Landlords let which have common parts, are affected by the National Smoke Free Legislation. Throughout the properties the correct notices and signs must be displayed so that all of the tenants are made aware of their responsibilities.

Smoking is not permissible in areas of shared accommodation which can include kitchens, bathrooms, staircases, entrances and toilets. These are areas that are open to all residents and cleaners if under contract to carry out duties within the property. All Landlords of HMO's, shared houses are also included, must display the correct notices and signs in compliance with the No Smoking regulations.   

Properties that are rented to exclusive occupiers i.e. bedsits, flats and houses can be smoked in, unless the tenancy agreement states otherwise - but where a tenant breaches this clause a Section 8 Notice would have to be issued. Securing a possession on this breach alone may prove awkward for one could argue that the tenant was being deprived of Quiet Enjoyment, as it is in essence their place of residence and you have no right to stop them enjoying what they enjoy doing in their 'own' home.   

Most Local authorities will have a "smoke free officer" who will be able to help with queries on all things to do with the Smoke Free laws. If members of the public have any issues that they wish to clarify about how it affects them where they live, then they should, first of all, contact their Local Authority. 

The Department of Health is able to supply you with the Official template signs which are free of charge. For more information visit: www.smokefreeengland.co.uk.