Smoking Ban and Landlords
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Smoking Ban Has arrived and landlords as well as every other business or communal area has to abide to legislation. It is now an offence to smoke in any enclosed public place which includes parts of shared accommodation, flats, bed sits etc.
These areas include
1. Shared stairways in blocks of flats
2. Lifts
3. Common Parts in houses converted into flats
4. Shared Kitchens, Bathrooms, Toilets
What is meant by smoking?
The law prohibits smoking any substance, including tobacco, such as manufactured cigarettes, hand-rolled
cigarettes, pipes and cigars, herbal cigarettes, etc. This includes being in possession of lit tobacco or any other lit
substance in a form in which it could be smoked.
Were Can i Smoke
Smoking is permitted in a private home, Self contained Flat, non self contained bed-sit as long as the tenant has exclusive use of the accommodation
You are also allowed to smoke outside using the 50% rule which means you can smoke in an area that has only 50% enclosure or 50% of its walls. Enclosed areas with above 50% enclosure are against the law to smoke in
Penalties for non-compliance
Fixed penalty notice Prosecution fine
Individuals £50 (£30 if paid within Up to £200
smoking 15 days)
Management failure £200 (£150 if paid within Up to £1,000
to display signs 15 days)
Management failing Up to £2,500
to prevent smoking
As can be seen from the above penalties, by simply not displaying the correct no smoking signs there are
Significant fixed penalties and substantial fines if a prosecution takes place. Local authorities will expect landlords
to take the necessary steps to ensure that their premises comply with the regulations.
Complying
The law requires the landlord to display signs at each entrance. The signs must be clear in writing and say "No smoking. It is
against the law to smoke in these premises”.
If the signs are in place and someone continues to smoke they must must be told that they are committing an offence (see penalties) reported to the managing agent if necessary.
In summary
The national smoke free legislation affects landlords who let properties with common parts, and the relevant
notices must be displayed clearly and concisely at the entrance to any shared part of accommodation, Smoking is allowed in private accommodation, e.g. houses, flats and bed sits which are
for the exclusive use of the occupiers. In areas of shared accommodation, such as staircases, bathrooms,
Kitchens, toilets, etc, where cleaners are employed or there is “public” access, smoking is not allowed. Landlords
Of HMOs, including shared houses will need to comply with the no smoking regulations by fitting the appropriate
Signage.
About the Author
www.landlord.co.uk
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