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.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.