Report Tenancy Breaches
If the nuisance smoker is a Tenant, then you may be able to deal with the smoker using the terms of a Tenancy Act. It will be important for you to learn what obligations and expectations there are for Tenants and Lessors under the Tenancy legislation in your particular State or Territory.
We believe that these Tenancy Acts may be a powerful tool in restricting nuisance Tenants from polluting and harming their neighbours with their uncontrolled and toxic cigarette smoke. We also ask that as you discover relevant sections of an Act that can be used effectively against nuisance smokers, please send the references to us so that we can compile a useful resource for others to benefit from. Ideally we would like a breakdown for each State and Territory as we have done for Queensland below.
There are some sections of the Residential Tenancies and Rooming Accommodation Act 2008 of Queensland that may be used against chronic smokers that cause an unreasonable disruption and danger to their neighbours in Queensland. If you can provide an equivalent listing for your State or Territory, that would be appreciated.
Chapter 3, Part 1, Section 183 of the Residential Tenancies and Rooming Accommodation Act 2008 states: “(1) The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises. “
If the Lessor does not take reasonable steps to become involved in resolving the problems caused by a nuisance smoker, make a note of this point in your documentation and letters.
Chapter 3, Part 1, Section 183 of the Residential Tenancies and Rooming Accommodation Act 2008 states: “(2) The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises. Maximum penalty for subsection (2)—20 penalty units.”
This point can be argued various ways, but basically if you have proven to your Lessor that a Tenant they have placed next to you has created a serious cigarette smoke problem that is disturbing your health, peace, comfort and enjoyment of the premises and they refuse to remove the smoking problem, then they remain in breach of this term. Furthermore if the smoke is serious enough that it restricts your use of part of the premises such as a bedroom, then prove to the Lessor that their actions (Tenanting a nuisance smoker) has interfered with the use of your premises due to a toxic plume hazard.
Chapter 3, Part 1, Section 184 of the Residential Tenancies and Rooming Accommodation Act 2008 states: “[s184] Tenant’s use of premises: “The tenant must not— (b) cause a nuisance by the use of the premises.”
This item is quite self-explanatory. Smokers can use their chronic smoking as a weapon against non-smokers. For example, if you have asked the smoker to reduce their plume or move it elsewhere and they refuse or increase the proximity or volume of their smoke, then it is obvious that Tenant has caused a deliberate nuisance and should be reported.
Chapter 3, Part 1, Section 184 of the Residential Tenancies and Rooming Accommodation Act 2008 states: “the tenant must not (c) interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.”
This is also self-explanatory. We believe that cigarette smoke that invades another neighbour’s household is an offensive hazard that destroys health, comfort and privacy. You should be able to come home and relax without having your personal peace or privacy violated by a nuisance smoker. We believe that corrupting someone’s otherwise clean air is an invasion of privacy, just the same as if a smoking neighbour had illegally sprayed graffiti inside a neighbour’s house.
We believe Section 290A of the Residential Tenancies and Rooming Accommodation Act 2008 is also self-explanatory as uncontrolled cigarette smoke is always produced either intentionally or recklessly and violates another Tenant (or neighbour’s) peace, comfort and privacy. Note that this is a “notice to leave” and not simply a “notice of breach” so Lessor’s should feel more confident in evicting chronic smokers who have been proven to spoil the lives of a neighbour after being given warnings. Please consult the Act for full context and description of all of these sections.
290A Notice to leave because of serious breach (1) The lessor may give a notice to leave the premises to the tenant if the lessor reasonably believes the tenant, an occupant, a guest of the tenant or a person allowed on the premises by the tenant has— (b) intentionally or recklessly — (iii) interfered significantly with the reasonable peace, comfort or privacy of another tenant or another tenant’s appropriate use of the other tenant’s premises.”
Once you have documented your situation for a period of weeks you can apply the evidence you have collected to the terms above, and report that Tenant to their Lessor or Landlord. If the Lessor fails to act then you should report them to the respective Tenancy authority or Government provided mediation service for further action. Please note that we realise this page is incomplete and we ask for your contributions. Note also our public liability statement for use of this web site.
No comments:
Post a Comment