Smoker - affecting my tenant

[Tom Alaka]

Hi All,

I’ve read some prior posts about tenants who smoke, and how it is discriminatory to ask them to stop but what about the effect on others?

My tenant is in the top floor of a unit block and the tenant below smokes often on their balcony. My tenant cannot open about half the windows in her apartment now for the smell (the shape of the building means the smoke gets funnelled up easily).

I’ve been to my tenants unit to witness this firsthand, and the smell pervades the whole place (and also the common area stairwell). So what about the interference to my tenants "quiet enjoyment of her property" caused by the smoking?

Surely this law must cut both ways here ?

(to my knowledge there is nothing in the body corp rules which prevent smoking on balconies).

The tenants have already had words, so just trying to head this off before things get anymore heated.

Cheers,
Tom

 

[craigb]

Realy not an answer there? try and let them sort is for themselves, i spose an air conditioner could let her keep some windows closed??? duno?

 

[buzzlightyear]

Have other residents complained?

 

[Tom Alaka]

No other 'official' complaints as yet, though my tenant says her neighbour is also upset.

 

[Pushka]

Our PM says we cannot stop tenants smoking on balconies. Even in your own IP. I suspect there is nothing you can do.

 

[buzzlightyear]

No other 'official' complaints as yet, though my tenant says her neighbour is also upset.

I suspect people power through the body corporate will be the only possible avenue of resolution, given the "words" already spoken.

The smoker, is he a OO or tenant? If he is a tenant, do they rent through the same PM as you?

Having lived many years in apartments, you just had to put up with things like smoke (albeit very rare in my experience), smoke fom BBQ's. Its unfortunately one of the "compromises" you make with higher density living.

 

[Tom Alaka]

Thanks all for your comments. The 'smoker' is a tenant, and a new tenant as well.

This person went through the onsite manager of the complex, and on their application said he was a non smoker. Not sure if this mis statement has any effect?

The onsite manager isnt one to want to rock the boat so to speak, but I will see if any other tenants wnat to voice concerns in writing.

Ill have to do some reading, ring up the tenancy board as well. Each tenant is allowed to enjoy the 'quiet peacefullness of their property', so there must be some merit to the argument here for smoker ruining enjoyment for others

 

[Pushka]

Maybe it is different in SA but legally you cannot stop ANY smokers (tenants or owners) from smoking on balconies. You can't even ask them the question as to whether they smoke or not!

 

[Tom Alaka]

Just read this from the Qld Govt website for tenant news on newish anti smoking laws.

I suppose the question then becomes what is the scale of the nuisance/ interference caused?

=======================================================
Although these laws do not apply inside people’s homes and yards, tenants are reminded they must comply with health and safety provisions under the Residential Tenancies Act 1994. Under this Act, tenants should ensure any smoke from their homes does not cause a nuisance or interfere with the peace of their neighbours

 

[Pushka]

interference caused?

=======================================================
Although these laws do not apply inside people’s homes and yards,

As they are smoking in their 'yards', that law doesnt apply.

 

[Spectre]

Hi

We had a similar thing... theres something in the body corp where if the tenants mess up they get served with a breach order.

Think they get something like six breaches then you can have an eviction notice served on the owner by the body corp.

And I'd venture to say that the OSM has a biased interest as they're getting a % of the rental income so why would they want to rock the boat - it'll interfere with their income stream.

Must be a lot of smoking?

 

[boomtown]

As they are smoking in their 'yards', that law doesnt apply.

You are missing the point - there is potentially recourse not under the anti smoking laws but under the Residential Tenancies Act (which does apply to "yards").

 

[Pushka]

You are missing the point - there is potentially recourse not under the anti smoking laws but under the Residential Tenancies Act (which does apply to "yards").

Ok, your post wasnt clear to me, Although these laws do not apply inside people’s homes and yards, tenants are reminded they must comply with health and safety provisions under the Residential Tenancies Act 1994. Under this Act, tenants should ensure any smoke from their homes does not cause a nuisance or interfere with the peace of their neighbours

implies that "these laws" refers to the Tenancies Act.

 

[crc_error]

Simple solution. Go and buy a blower. Get a bin of cow crap and put the intake of the blower inside the bin.

Then each time the smoker lights up, firer up the blower aiming the exhaust down to the smoker.. Make sure all the smell of the dunn flows down to the smoker filling their apartment with dunn smell..