No Smoking

[Puffster]

I am sure the tenants are smoking inside as its freezing and I know htey smkoke, apparantly outside, but we live next door and they are Never outside. How do you prove this and is there anything I can do?

[charmed]

I am sure the tenants are smoking inside as its freezing and I know htey smkoke, apparantly outside, but we live next door and they are Never outside. How do you prove this and is there anything I can do?

Hahahaa ironic considering your user name!

Why dont you ask them? or inspect the house for the smell of cigarette smoke?

Can you kick tenants out for smoking inside?

[Puffster]

hahaha, I know. I'm pretty sure if I ask them they will deny it, and they use incense everytime we come over, so its very hard to tell. I don't know. I'm hoping someone can tell me.

[Perry]

I suspect non-smoking indoors would need to be
written into the Tenancy Agreement, for starters.
And in unambiguous language, too!

Other signs like ash trays, ash dropped, burn marks,
etc., could be looked for.

No matter what, I can't imagine you'd be faced with
anything less than a TT Hearing to obtain an eviction
order for breach of the TA - and even then - you'd
need to have lotsa luck on your side.
.

[SuperDad]

Did you allow "smoking outside", but tell the tenants they could not smoke indoors?

What does your tenancy agreement say on this matter?

What about your pre-tenancy application form?

Final question: are the tenants on a periodic tenancy?

[Puffster]

The Tenancy clearly states no smoking inside, but outside is okay.It is a periodic tenancy. The ash is a good idea to look out for, it seems like it is a really hard thing to prove. They are leaving now anyway, but really good to know for the future. I now see why you just don't allow it at all. thanks for the advice again.

[Perry]

There's one more suggestion: Don't take smokers
as tenants - full stop. I require tenant applicants to
complete a Statutory Declaration that they are non-
smokers. Not puff-proof, but makes it clear how
seriously the matter is viewed.

This no-puffing-indoors is just a smoke screen
that smocial outcasts exploit. They say they will
and do what they say: for a while. But when it
gets wintry, wild & wet, their resistance to break-
ing that rule is as strong as it is against nicotine.
.

[Keys]

I require tenant applicants to
complete a Statutory Declaration that they are non-
smokers. Not puff-proof, but makes it clear how
seriously the matter is viewed.

Could you post the wording please?

[SuperDad]

Every once in a while, when we ask our pre-screening "do you smoke?" question during the first contatct call, we will get the following answer:

"Yes, but only cigarettes."

Makes me laugh every time.

[Perry]

Could you post the wording please?

Statutory Declaration

I, <full name>

of <place of abode>

<occupation>

solemnly and sincerely declare that:

1. I do not presently smoke any tobacco or other products used for smoking, whether legal or not;

2. I understand that my acceptance as tenant for the accommodation offered to me and which is located in <tenancy street address> is conditional upon this declaration that I am a non-smoker and further that I will remain so during the period of my tenancy and that I shall also restrain others I admit to the property & accommodation from smoking during their visit;

3. I further understand that it shall at any time be a serious and irrevocable breach of my Tenancy Agreement should I or any other person whom I admit smoke in the accommodation or the immediate property in which it is located and that my tenancy shall be immediately revoked as a consequence.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

<tenant applicant signature>

Declared at <place> this <weekday name> day of <month> <year>

<signature of a person designated below>

Justice of the Peace
Court Registrar
MP
High Court Barrister or Solicitor
(Or other person authorised to take a statutory declaration.)

[Keys]

I require tenant applicants to
complete a Statutory Declaration ...

Every applicant? That would be in the too hard basket here in Christchurch where there is a glut of rentals available.

[Perry]

Yes, every applicant. I've been
lied to and deceived, too often.
The Statutory Declaration does
help, but smocial outcasts still
lie and make false declarations.
Not very many, though.
.

[Perry]

Every applicant? That would be in the too hard basket here in Christchurch where there is a glut of rentals available.

How much is the recent quake
going to change that, I wonder?