Tenants is smoking inO HMO property

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    Tenants is smoking inO HMO property

    I have HMO property and put clear signs that it is not allowed to smoke in communal areas of the house (bathroom, kitchen, corridor).
    I have one tenants refusing to obey this rule and he smoke whenever and
    where ever he wants.
    I have the following questions:
    1. Can put a sign in the corridor saying gbp50 penalty if you are found smoking and charge him that if he still smoke and if he does not want to pay up then could i sue him so he pay up 50gbp?
    2. Can I sue him for smoking in the HMO property?

    I know there is free smoking act and tenants are not allowed to smoke but
    what can i do if they refuse to comply with this rule?
    Eviction will not be an option here because of the time scale.
    Last edited by wrocbloom; 26-12-2012, 19:46 PM. Reason: spelling

    #2
    Originally posted by wrocbloom View Post
    I have HMO property and put clear signs that it is not allowed to smoke in communal areas of the house (bathroom, kitchen, corridor).
    I have one tenants refusing to obey this rule and he smoke whenever and
    where ever he wants.
    I have the following questions:
    1. Can put a sign in the corridor saying gbp50 penalty if you are found smoking and charge him that if he still smoke and if he does not want to pay up then could i sue him so he pay up 50gbp?
    2. Can I sue him for smoking in the HMO property?

    I know there is free smoking act and tenants are not allowed to smoke but
    what can i do if they refuse to comply with this rule?
    Eviction will not be an option here because of the time scale.
    You cannot simply put signs up threatening fines at this point.

    What do you mean by the timescale?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      But you can put signs in the cinema or public places with fines for smoking so why by law you cannot put a sign with fine to pay in HMO house which is shared by various individuals?
      There is a smoking free act but what about if someone refuses to comply with it?
      Timescale - if i want to evict the tenants i would have to go to court and that means costs.
      The landlord can be fined for not putting fire alarm system in HMO property but what about the tenants can i or someone fine the tenants with not complying with the smoking free act in the shared house? Is there anything I can do here?

      Comment


        #4
        If you do not stop the smoking in common areas, you will be fined
        £ 2500

        See http://ram2.hostbyet2.com/ and click on no_smoke.pdf

        Right hand column, opposite Key Points,
        So you will have to evict, or report him to the council who would love
        to fine him £ 200

        You are running a business, and if your tenants break the law, you
        have to spend money.....

        R.a.M.

        Comment


          #5
          Originally posted by ram View Post
          If you do not stop the smoking in common areas, you will be fined
          £ 2500
          According to your guidance notes, it is the landlord who may be fined up to £2500 for failing to prevent smoking in the communal areas. The smoking tenant may be prosecuted by the local authority and fined up to £200.

          Comment


            #6
            Thanks for advice. At least there is some penalty that council can impose on tenant.

            Comment


              #7
              Originally posted by westminster View Post
              According to your guidance notes, it is the landlord who may
              be fined up to £2500 for failing to prevent smoking in the communal
              areas. The smoking tenant may be prosecuted by the local authority
              and fined up to £200.
              As stated.

              wrocbloom --------
              Your stance is that ou will be fined £ 2500 if the person does not
              cease smoking in thre common areas.

              You asked "what can i do if they refuse to comply with this rule?"

              The only thing you can do is write one more letter stating that as he
              has refused to stop smoking in the common areas, you, the landlord
              will be fined if he does not stop.
              As he has refused to stop, you cannot therefore risk being fined, so
              you have reported him to the appropriate department that deals with
              violating the lawasof the land and they will be in touch.

              You HAVE to report him or others will report you for not being able
              to stop him.

              He had his chance. So report him, as that is what you have to do,
              as it's the law.

              R.a.M.

              Comment


                #8
                But when push comes to shove how can the LL prove the offending T was smoking if T denies it?
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by mind the gap View Post
                  But when push comes to shove how can the LL prove the offending T was smoking if T denies it?
                  As with any court action, you need proof.

                  A signed statement of truth from those that have seen him before
                  request to stop and after request to stop.

                  Give that to the council, but tenant will still say he does not smoke
                  in common areas if you have proof or not.

                  But other leaseholders / tenants CAN report the Landlord for not
                  obeying the law and failing to stop smoking in common areas.
                  The freeholder must gain proof and pass on that proof to the council.

                  R.a.M.

                  Comment

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