With many public areas now deemed smoke free by law, what is the current legislation when it comes to a landlord’s right to ban or allow tenants to smoke in their investment property?
The short answer is that landlords can, in fact, disallow smoking in their property. This needs to be stipulated in the lease and signed and agreed upon by both parties when the lease commences. If this is not outlined in the lease, the landlord is unable to then enforce a non-smoking rule during the tenancy.
The issue of smoking outside on a balcony is a little more complex. It is general knowledge that second hand smoke poses a health risk to those inhaling it. The NSW and Queensland state governments are currently reviewing a proposed law that makes it illegal to smoke on a balcony of an apartment for this reason. This would mean that smoking would be treated the same as noise and body corporates could introduce by-laws in their strata to ban smoking.
For more information on this topic to ensure you know your rights and obligations as a landlord, including the Tenancy Complaints’ Service, click here.