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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

JustLyra · 11/06/2022 02:16

mooonbaby · 10/06/2022 22:12

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

Show quote history

It’s a completely unenforceable clause.

The only thing it can do is have monies removed for repair damage if there are burns or smells in carpets and the likes, but you can’t ban it (even if some LL’s would like to think you can).

Original poster

Morph22010 · 11/06/2022 07:41

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?

It just came up in conversation with dh, he said it was the case, I said don’t be so ridiculous of course it won’t be illegal, then I googled and found articles saying it might be, so started wondering if he was correct. That’s all.

OP posts:

Indiamum · 22/08/2022 14:21

So I have a baby and live in a council flat I can’t smoke in flat as it’s dangerous for baby and can’t smoke in communal because I can’t leave her upstairs so I smoke in the upstairs communal bit but it’s hardly communal as one flat downstairs and then ours upstairs so no one else uses upstairs what would you do in my situation 🤦‍♀️

Lastarse · 22/08/2022 14:23

Do you live in a council house OP and are debating if you can smoke or not ?

x2boys · 22/08/2022 14:45

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.

Well given that most council houses and hosing associations houses are an empty shell when the tenant moves in and its the tenants responsibility to decorate and provide flooring,,clearly they can't charge a tenant for re decorating and re carpeting....

Original poster

Morph22010 · 22/08/2022 19:13

Lastarse · 22/08/2022 14:23

Do you live in a council house OP and are debating if you can smoke or not ?

No I don’t live in social housing and I don’t smoke either so it’s irrelevant to me really. It was just a conversation with dh (who does smoke but no longer lives in social housing) who is always adamant he’s correct and I thought it couldn’t possibly be

OP posts:

chilliesandspices · 22/08/2022 19:16

My sister lives in a council flat and has always smoked indoors. She has severe bipolar disorder and has regular visits from officials. She's never been told she can't smoke in any of her flats.

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