Failure #1 - Landlords and Lessors

There should be layers of protection in place to stop Aussies from being abused by chronic smokers. This first layer is landlords and lessors and it is their best interest to take their area of responsibility seriously. This starts with basic property management: you don't place a chronic smoker next to a young non-smoking family as that would be inconsiderate, unreasonable and unfair. If there is a neighbourhood conflict or the young family moves out, then the lessor and the landlord both suffer. 

Basically, placing heavy smokers in close proximity to non-smokers is a recipe for disaster, and as you'll see on our Research articles page, there is no safe exposure amount for children or adults.

Landlords and lessors are obliged to screen any potential tenant, and this isn't limited to ensuring that the applicant is capable of paying their rent and is not likely to wilfully damage the property. Just as the landlord or lessor may search for any past evictions, credit history and other tenancy references, the landlord or lessor should evaluate if the person smokes, and if so, how much and if that is likely to cause a conflict in the complex or neighbourhood.

Let's face it, smoking devalues properties. The smoke discolours paintwork and incessant smoking gets into wood and brick, leaving a distasteful air about the premises. There is a heightened fire hazard with smokers who will smoke inside even when it is against their tenancy agreement. Plus, there's no hiding past cigarette smoke if a smoker has smoked inside because it hangs in the premises permanently. Consider also that discarded cigarette stubs and an active or lingering plume may not entice others into moving into the neighbourhood.

Landlords and Lessors should:

• only place chronic smokers in premises where their smoke will not cause a nuisance or disruption to neighbours.
• find out from existing tenants and neighbours if they would be concerned about a smoker being placed next to their residence.
• give without hesitation a notice of breach or notice to leave whenever any term of a tenancy agreement or Tenancy Act has been breached.
• include routine inspections and enquiry to ensure they do not have a nuisance smoker problem in premises they own or manage.
• ensure that any visitors or guests of tenants do not cause a nuisance smoking or passive smoking problem for other tenants and neighbours.
• encourage Quit smoking resources to smokers.

Landlords and Lessors should not:

• ignore neighbours' claims that their tenant's cigarette smoke has ruined the peace and comfort of their residence
• ignore neighbours' claims that their tenant's smoke is causing a nuisance and a disturbance
• encourage non-smoking tenants to move out because of nuisance smokers causing them a health, safety, or peace and comfort problem.
• falsely argue that phrases in Tenancy Acts like "peace and comfort", "enjoyment", "nuisance" and other terms do not apply to nuisance smokers who fail to control the volume and intensity of their plume.