Question

Smoking and Health Act (England) | Tenant Obligations (England) | Tenant Relations and Dealing with Complaints (England)

Incense

20 Jul 2017 | 2 comments

One of my tenants is burning incense, I was made aware when another tenant complained about the smell of it in the communal Hallway.
Is this covered by the No Smoking Clause in the tenancy?
I was surprised by the “haze” in the property when I arranged to visit.

I am still researching on the damage it may do,fire risk etc, but if it is covered by no smoking it would be simpler to deal with.

Many thanks for any advice.

Answer

2 Comments

  1. guildy

    I’ve just looked at our latest agreement because in all honesty we thought this was covered but it’s certainly not as clear as we would like.

    At the next update, a specific clause under the fire safety section will be added for this.

    You could certainly try on the smoking clause but we think the candle prohibition is probably nearer to what this is – they are essentially a slow burning candle. As we say though it’s certainly not clear enough.

    If that’s a problem and they disagree, you will notice at the beginning of our agreements, the tenant shall comply with “management regulations” as imposed from time to time. You are required to consult before imposing them but we think a letter to all in the building (if there’s more than one unit in your control) outlining your plan to impose a management regulation banning incense sticks and they are welcome to provide views. You can say your fire risk assessment has outlined it as a problem (for fear of false alarms in addition to potential fire). Then, after a reasonable period, you could enforce this by sending everyone a management regulation with the prohibition. You will need to remove the tenants signature parts of our template because your not asking for their agreement.

    Although this isn’t ideal, it should make it better.

    Ultimately, even if it were a specific term, how would you enforce it? Basically you would serve a section 21 for no reason so it’s not really something that matters a great deal what you write.

    This is why our agreements are constantly evolving even after 20 years – there’s always something new to add!

    • ajlshort

      Thank you Guildy, good advice and help as always.

Submit a Comment

View your previously asked questions. (Will only show questions from August 2020)

(Link above back to topic only works for questions added after end of August 2020)