If you have specifically advertised for non-smoking Tenants and if you have included a clause in the agreement stating that your Tenant should not smoke (and they should also not let anyone, like guests, smoke cigarettes, tobacco or other substances in your property) then you have every right to ask them to stop smoking.
In some cases, Landlords allow smoking in their property as their consent has been asked. If that is the case with you, then you should specifically inform your Tenant that they must first get your written consent before they – or their guests – can smoke inside your property. If you really are very much against smoking in your property, then you have the right to say no if they ask for your consent.
Laying down the law and enforcing it
Laying down the law on not smoking within a property is easier than actually enforcing it. If you suspect that your Tenant is breaking the rules by smoking within your property, then you have the right to make a request for them to stop forthwith. It is important to consider though that your tenant may not oblige, and they may refuse to stop. They may also deny your allegations that they are smoking and breaking your rules. What are you going to do then?
Your Options
As the Landlord, you have certain options when it comes to making sure that your Tenant does not smoke inside your property. Firstly, you can make them aware that you are very much against smoking by including a specific clause about it in the Tenancy Agreement. You can also advertise for Tenants that do not smoke.
In case you end up with a Tenant that does smoke, there are also options open to you. You can evict the Tenant on the grounds of breaking one of the Tenancy Agreement’s terms. The problem with this option is that you are going to have to attain a possession order from the court. The judge may easily agree to the eviction, but they may also consider that option to be harsh. In order to be sure that you can get the possession order, you must provide strong evidence that your Tenant smokes within your property. That should be enough to prove that your Tenant has breached the contract.
You can also inform your Tenant that if you catch them smoking inside the property, you are going to increase the rent after the initial fixed term or periodic term has ended. That should make them aware of how serious you are about your rules, and they may even consider kicking the habit for good.
It is important to bear in mind as a Landlord that you have the obligation to lay down the rules as clearly and precisely as possible. It is your duty to make your Tenant understand that the rules are created to be followed. If they have any problems with your rules, then they should find another place to live.