Tenant smoking in communal areas

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    Tenant smoking in communal areas

    I am a new poster here, a reluctant accidental landlord.

    One of the properties I inherited is on the 7th floor of a block of flats. I have had a complaint from the management company that the tenant is smoking in the communal areas - the stairs and the corridor outside the flat. There have been compalints before, and the tenant made empty promises not to do so again. The tenant has now been caught on smoking on CCTV, and the management company has asked me to do something about it.

    My question is, what should I do?

    #2
    Originally posted by Floss View Post
    The tenant has now been caught on smoking on CCTV, and the management company has asked me to do something about it.
    Presumably you have entered into a covenant not to smoke in the common areas? In which case you would have been in breach of your lease (through the acts of your sub-tenant).

    Have you provided your sub-tenant with a copy of the headlease so he entered into his sublease knowingly that he needs to comply with the covenants of the headlease? If so you can pursue him for breach of his sub-lease covenants.

    The head-lessor (i.e. your landlord) could also enforce restrictive covenants directly against the sub-tenant. But looks like they chose you instead (I would do the same).

    Comment


      #3
      YOU can be fined by the council £ 200 if you do not prevent your tenant from smoking in the common areas.

      If the freeholder / managing agent are unable to get you to stop smoking in the common areas, the freeholder can be fined £ 2000.

      Your only course of action is to issue a section 21 to get the tenant out.

      go to http://ram2.hostbyet2.com/ and click on no_smoke.pdf ( left hand side ) for the rules.

      EDITED ,, ref post 2.
      You are the leaseholder, which is why they targeted you. YOU are the one allowing smoking from your leasehold flat, and the leaseholder is responsible for his actions, actions of the tenants, guests and visitors.
      That's why you are targeted, as you are alowing it to continue, and you are the flat owner.
      Last edited by ram; 07-04-2014, 12:36 PM. Reason: Edited

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        #4
        Thanks for the replies. Section 21 it is then.

        I can't find any documentation relating to the headlease. How much do I need to worry about this? I am paying maintenance fees to a management company and ground rent to another organisation.

        Comment


          #5
          Originally posted by Floss View Post
          Thanks for the replies. Section 21 it is then.

          I can't find any documentation relating to the headlease. How much do I need to worry about this?
          Read post number 3 again.

          If you do nothing, anyone can complain to the council, and you will be fined £ 200.

          Paying maintenance fees to a management company and ground rent to another organisation has nothing to do with breaking the LAW ref - "It's illegal to smoke in the common parts of your building."

          Tell the managing co that you have issued a section 21 to terminate the tenancy, so that the offender will obligated to move out, and the smoke will no longer be a problem, but state that these things take time but you have done what needs to be done in order to eventualy stop the smoking.

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