Non smoking clause in AST

Should we have a non-smoking clause in our Tenancy Agreement.


  • Total voters
    1

chris horne

Member
Staff member
#1
We are looking at putting in a clause in our Tenancy Agreement which requires the landlords consent for tenants to smoke. What do you think? The clause would be worded:

3.7.13 Not to smoke or permit any guest or visitor to smoke tobacco or any other substance in the property, unless the landlord has given written consent
 

Jeffrey Shaw

Member
Staff member
#2
Four points.
1. Is the property a house or a flat? If it's a flat, does L's own long lease contain such a restriction?
2. How will L police/enforce such a restriction?
3. The clause could deter prospective tenants from seeking to rent.
4. Even if the property is let subject to the restriction, T could consider it an unjustifiable interference with 'human rights'!
(Of course, L could insist on it if L is subject to an existing long-lease restriction in the same terms: see point 1.)