• Smoking

    Can your landlord ban smoking?

    Yes they can. You’re likely to find a clause in your tenancy agreement that prohibits smoking on the premises.

    This usually states that you are also responsible for ensuring that any guests don’t smoke inside the property either.

    If such a clause exists (it usually does, so check your tenancy agreement), you will be in breach of your contract and your landlord can terminate your tenancy agreement.

    If you are still within the fixed term of your contract, your landlord can issue a Section 8 notice to terminate your tenancy agreement, stating that you have broken the terms of your contract.

    Of course, you could challenge this in court and ask the landlord to provide proof, which they might not be able to do. After all, how do you prove that someone is smoking inside a property? Your landlord mustn’t enter without your permission and they mustn’t hassle or harass you in any way.

    However, once the fixed term of your tenancy agreement has ended, or there is a break clause in the contract, your landlord can issue you with two months’ notice to leave. They don’t have to say why. They are likely to do this is you’re smoking against their wishes.

    At the end of your tenancy, they might also charge you for any additional cleaning costs incurred as a result of you smoking inside the property as well as for any damage caused.

    To avoid this, if you smoke, tell your landlord at the outset and offer to pay a higher deposit to cover any additional cleaning plus the cost of any increase in their contents insurance.

    That way, assuming they agree, you can smoke freely without fear of being caught. However, if you are renting a room in a shared property, where all the tenants have separate rental agreements, you should only smoke inside your own room. You must not smoke in any communal areas.

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