Can the council force tenant inspections and demand evictions for smoking?

Reply to the comment left by David Houghton at 18/03/2025 – 15:33
Yep, that is true too. Any which way the licence holder is not obliged to make demands of the occupants.

Reply to the comment left by Simon F at 18/03/2025 – 12:37
Interesting. LBN seem to get round the 24 hour notice requirements by simply saying they will be visiting anytime in the next month and just expecting tenants to let them in. Clearly breaches their right to peaceable enjoyment of their home.

I stumbled on this website and would like to make contributions on this raised issue. In line with the Housing Act 2004, section 239, the Council must give Licence Holders and Tenants 24 hours notice in most cases before carrying out property compliance inspections There are exceptional circumstances where the inspection could be conducted without such notice. Anyone who applied for an HMO license should have read the rules, regulations and conditions guiding licensed properties and one of such prohibits tenants smoking anything in shared accommodation for fire safety reasons. License holders are meant to make the No Smoking policy in the tenancy agreement

Reply to the comment left by Nich Kay at 19/03/2025 – 09:36
At no point was it suggested this is an HMO licence (only license in America) and anyway different authorities impose different conditions. There is no arbitrary smoking ban in shared property.

Reply to the comment left by Londonlad at 19/03/2025 – 10:13
At no point did I said the property in question is an HMO. I only gave a general explanation based on my understanding of UK Act and Regulations

Reply to the comment left by Nich Kay at 19/03/2025 – 09:36In England, the Health Act 2006 prohibits smoking in common areas of multi-unit residential accommodation. This includes shared lounges in HMOs where rooms let individually. But smoking in individual units (flats or rooms or shared houses on joint let) where the tenant has sole occupation, can only be controlled through tenancy agreements. Councils have no right to dictate what goes into a tenancy agreement. Housing Act 2004 section 67 (5) and (6) prohibit licence conditions that impose restrictions or obligations on third-parties or that change terms of occupation. I don’t have the link handy but DCLG guidance to local authorities says this includes future as well as current tenancy agreements.

In England, the Health Act 2006 prohibits smoking in common areas of multi-unit residential accommodation. This includes shared lounges in HMOs where rooms let individually. But smoking in individual units (flats or rooms or shared houses on joint let) where the tenant has sole occupation, can only be controlled through tenancy agreements. Councils have no right to dictate what goes into a tenancy agreement. Housing Act 2004 section 67 (5) and (6) prohibit licence conditions that impose restrictions or obligations on third-parties or that change terms of occupation. I don’t have the link handy but DCLG guidance to local authorities says this includes future as well as current tenancy agreements.

Reply to the comment left by Simon F at 19/03/2025 – 11:08
Section 67 here:
https://www.legislation.gov.uk/ukpga/2004/34/section/67

Reply to the comment left by Simon F at 19/03/2025 – 11:09
That link seems to be saying the exact opposite in that councils can, and do dictate what must go in an AST.
Specifically many London Boroughs require anti-social behaviour clauses.

Reply to the comment left by Londonlad at 19/03/2025 – 12:57
Councils do expect that, but it is not lawful for them to do it. Section 67 says councils can impose licence conditions on the licence holder, that is inclusive of practical steps to limit or control ASB, but in (5) and (6) that this must not impose obligations on the third parties or alter terms of occupation. And if you check the FTT decision on the 2nd ground of appeal in https://assets.publishing.service.gov.uk/media/6114efa7e90e07054a62c499/86_Cotswold_Road_Determination.pdf ASB clauses are really for where there is a history of ASB at the property not as blanket licence conditions on Part 2 licences. Referencing of occupants is required for Part 3 licences though. If you check FTT decsion https://assets.publishing.service.gov.uk/media/5ce3c75640f0b627ddfde2de/LON00ADHMR20180001_Decision_-_188-192_West_Street.pdf it is wrong even for a council to expect that occupants are tenants on a tenancy agreement.