Legal stand point - Smokers on a non-smoking flat
Discussion
Right, my father rents out a flat.
The flat above have made a 'complaint' about a smell of smoke coming up into their flat. They also have a small child (0-2 years).
My dad has gone into panic/retard mode and thinks that the flat above will sue us/claim on our insurance/I have no idea what goes on inside his head.
The contract, or tenacy agreement, states that this is a non-smoking flat along with no pets etc. They are obviously in breach of this agreement.
My dad tried to get in touch with the tenants but no contact yet.
Basically can the people above to anything apart from complaining to us?
Personally, I think they were just letting us know so we can stop it. Whereas my father believes they are going to take all of our money...
As far as I am aware from a search is that his tenants are not doing anything criminal but are in breach of contract.
Thoughts? Links would be helpful!
The flat above have made a 'complaint' about a smell of smoke coming up into their flat. They also have a small child (0-2 years).
My dad has gone into panic/retard mode and thinks that the flat above will sue us/claim on our insurance/I have no idea what goes on inside his head.
The contract, or tenacy agreement, states that this is a non-smoking flat along with no pets etc. They are obviously in breach of this agreement.
My dad tried to get in touch with the tenants but no contact yet.
Basically can the people above to anything apart from complaining to us?
Personally, I think they were just letting us know so we can stop it. Whereas my father believes they are going to take all of our money...
As far as I am aware from a search is that his tenants are not doing anything criminal but are in breach of contract.
Thoughts? Links would be helpful!
Edited by AndrewEH1 on Friday 5th October 11:35
northwest monkey said:
The tenants may have broken a term of the tenancy, but not broken the law so tell your Dad not to worry - there's not a lot they can do!
There may be rules in the block regarding smoking in public places (some of my rentals are like this), but I would be incredibly surprised if there was any rule regarding what goes on inside the flat as long as it's legal which smoking cigs still is (just!).
The agreement your Dad has with the tenant is just that - an agreement. My bet is that your tenants are smoking out of the window & the smoke is drifting up & going in to the upstairs flat through an open window.
What will probably happen now is your Dad will write to the tenant reminding them of the "no smoking" rule & your tenant will then moan about how much noise the people upstairs are making & the baby cries all night etc. If you want my advice, don't get involved. It will consume far too much of your time & you won't achieve anything. Tell the moaner from upstairs that you've spoken to your tenant about it & the matter is dealt with.
To be honest, I don't enforce the "no smoking" rule as it's not realistically possible to do so. Loud music is one thing, but someone having a Silk Cut in the comfort of their own home is their business.
Unless of course they have turned the flat into a 24 hour crack den & in which case you need a solicitor!
p.s there is always a "small child" or an "asthmatic" living upstairs - I think its a rule.....
My dad can get very paranoid/panicked, I tried to tell him over the phone but then he went on about insurance and those no-win no-fee people...There may be rules in the block regarding smoking in public places (some of my rentals are like this), but I would be incredibly surprised if there was any rule regarding what goes on inside the flat as long as it's legal which smoking cigs still is (just!).
The agreement your Dad has with the tenant is just that - an agreement. My bet is that your tenants are smoking out of the window & the smoke is drifting up & going in to the upstairs flat through an open window.
What will probably happen now is your Dad will write to the tenant reminding them of the "no smoking" rule & your tenant will then moan about how much noise the people upstairs are making & the baby cries all night etc. If you want my advice, don't get involved. It will consume far too much of your time & you won't achieve anything. Tell the moaner from upstairs that you've spoken to your tenant about it & the matter is dealt with.
To be honest, I don't enforce the "no smoking" rule as it's not realistically possible to do so. Loud music is one thing, but someone having a Silk Cut in the comfort of their own home is their business.
Unless of course they have turned the flat into a 24 hour crack den & in which case you need a solicitor!
p.s there is always a "small child" or an "asthmatic" living upstairs - I think its a rule.....
There are no 'public places' inbetween the two flats so this is not relevent to this situation.
We have had situations where tenants have smoked despite the agreement but this is the first time a complaint has been made. I'd agree that a letter to our tenants would be the short term solution.
The only real issue is cleaning up after they leave...
Wings said:
If your father took out a non smoking tenancy with the tenant/s, then it is for your father to write to the tenant/s reminding them of the same.
Your father must be seen to be doing something, thereby writing to the tenant/s on the smoking issue. Whilst your father could issue the tenant/s Notice under clause 12 of a Section 8 Notice, in reality I do not believe any court would grant eviction, based upon a tenant breaching a non smoking clause in their tenancy agreement. Like wise I also feel that any reasonable court, person or authority would hardly hold a LL accountable for tenant/s smoking in their flat.
So to conclude, your father needs to be seen addressing the smoking issue, so a letter to the tenant/s will support your father's position.
Cheers for that, my father acts the LL for me, my sister and himself.Your father must be seen to be doing something, thereby writing to the tenant/s on the smoking issue. Whilst your father could issue the tenant/s Notice under clause 12 of a Section 8 Notice, in reality I do not believe any court would grant eviction, based upon a tenant breaching a non smoking clause in their tenancy agreement. Like wise I also feel that any reasonable court, person or authority would hardly hold a LL accountable for tenant/s smoking in their flat.
So to conclude, your father needs to be seen addressing the smoking issue, so a letter to the tenant/s will support your father's position.
We wouldn't be looking to evict over this - unless it's turned into a crack den!
No doubt we'll fire a letter their way after he speaks to them on the phone.
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