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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask is it illegal to smoke in a council house?

32 replies

Morph22010 · 10/06/2022 20:18

we are out for a drink and my dh is adamant it is actually illegal to smoke in a council/housing association house and it’s been in for 7 years. I thought he was taking rubbish but I just googled it and a load of articles for 2017 came up about it possibly being made illegal

OP posts:
Yugi · 10/06/2022 20:19

I live in a flat that is mixed private and housing association. Smoking is banned in the communal areas but people can smoke in their own flats.

Samcro · 10/06/2022 20:19

I live in sh and have never been told that

godmum56 · 10/06/2022 20:21

www.mirror.co.uk/news/uk-news/smokers-living-council-housing-could-27191050

it probably can't be made illegal but it could be written into tenancy agreements that its not allowed...but policing it is going to be a pig.

gamerchick · 10/06/2022 20:21

No. They ask that you don't smoke while council repairs are happening and half hour before they arrive.

BiscoffSundae · 10/06/2022 20:21

No it’s not

PatsyJStone · 10/06/2022 20:21

Trying not to laugh, absolutely not!
Given the many worse things that take place in houses...
Worked in social housing many years.

EinsteinaGogo · 10/06/2022 20:31

I think that would be a real curtail of civil liberties, so much as I hate smoking, i bloody well hope not,

Why do you think it might be, OP?

Sausagedognamedmash · 10/06/2022 20:35

I currently work in social housing and no its not illegal. Its illegal to smoke in communal areas if its a block of flats etc but behind your own front door, you can smoke freely. It is common courtesy for it to not affect your neighbours and housing officers may raise issues with you as an anti social behaviour issue if your smoke is causing issues for neighbours but no, it's not illegal.

Ponoka7 · 10/06/2022 20:37

Of course it isn't. People have really strange ideas about social housing. It is the person's home and as such have the same rights in regards to a private life as someone who owns, except for pets, in some SH. There are things around antisocial behaviour and crimes that would mean a loss of tenancy. As well as occupation.

Tumbleweed101 · 10/06/2022 20:48

It's currently not illegal and it shouldn't be made so. People should be able to have the freedom to do what they want in their home - unless it is causing someone else distress. There are many older people who wouldn't be able to stop smoking just for the simple reason they can't afford a mortgage. Why should working people on low incomes be penalised in basic lifestyle choices because the housing market is so unaffordable?

0Sleepy0llow · 10/06/2022 20:48

It's illegal to smoke in a car with children in it
Law changed a couple of years ago, I believe

Seraphinesupport · 10/06/2022 20:51

you can smoke in HA and councils house :) I have been in 6 within last 4 years and every one of them allowed smoking, although flats was no communal area smoking

mmmmmmghturep · 10/06/2022 20:54

I live in a social housing flat and am a non smoker and yes this was talked about five years ago. Yet the absolute stench of weed is ignored.

Maverickess · 10/06/2022 20:55

It's not written in to my tenancy agreement - only in communal or shared areas (which I don't have) and it's also written in that you're allowed pets as long as you have your own separate entrance and not a shared one with other tenants.
I have private rented where it's written into the tenancy agreement.

DWofMN · 10/06/2022 20:58

Yes and no, mostly no.

If a council tenant's tenancy agreement states that they cannot smoke in the property then that clause interferes with their right to live in the property without unnecessary oversight from their "landlord" - so, that's unenforceable and they can smoke in the property. However, they can also be held liable for any damage caused by the breach of the contract, so, if the property needs repainting/recarpeting etc because of the smoke stench, the council tenant could be held liable to cover that cost.

So, in the vast vast vast majority of cases, a council tenant cannot be stopped from smoking in their own council property but it could cost them a hefty sum of money.

Hoardasurass · 10/06/2022 21:25

@DWofMN you do realise that sh tenants are responsible for all carpets/flooring and decorating, you get a completely empty home with bare floorboards or concrete so it won't cost the tenants a penny at the end of the tenancy as all flooring is removed regardless of its condition

BiscoffSundae · 10/06/2022 21:27

DWofMN · 10/06/2022 20:58

Yes and no, mostly no.

If a council tenant's tenancy agreement states that they cannot smoke in the property then that clause interferes with their right to live in the property without unnecessary oversight from their "landlord" - so, that's unenforceable and they can smoke in the property. However, they can also be held liable for any damage caused by the breach of the contract, so, if the property needs repainting/recarpeting etc because of the smoke stench, the council tenant could be held liable to cover that cost.

So, in the vast vast vast majority of cases, a council tenant cannot be stopped from smoking in their own council property but it could cost them a hefty sum of money.

Ok 🤣 My council house was completely empty when I moved in and concrete floors

Onwards22 · 10/06/2022 21:37

I’m in a council home and used to be in a HA home and no where in my tenancy does it say about smoking.

I know many private landlords don’t let you smoke in theirs though.

WishILivedInThrushGreen · 10/06/2022 21:40

You can smoke in your own home but not in communal areas.

NeedAHoliday2021 · 10/06/2022 21:57

Yet you usually get private rent stating no smoking. Interesting HA differs.

CuriousCatfish · 10/06/2022 21:59

Why would it be?

It's their home.

mooonbaby · 10/06/2022 22:12

CuriousCatfish · 10/06/2022 21:59

Why would it be?

It's their home.

Many private rents don’t allow smoking. A private rental is a private tenants home too.

maisieandvicks · 10/06/2022 22:14

Yugi · 10/06/2022 20:19

I live in a flat that is mixed private and housing association. Smoking is banned in the communal areas but people can smoke in their own flats.

This.

I can’t speak for HA or temporary accommodation properties but in permanent housing, inside your property, you are allowed to smoke as far as I know.

WetWilly · 10/06/2022 22:15

Banned in communal areas but it’s okay to smoke weed and crack just not B&H

maisieandvicks · 10/06/2022 23:51

WetWilly · 10/06/2022 22:15

Banned in communal areas but it’s okay to smoke weed and crack just not B&H

😂😂😂