Cannabis smoking in property – what is the legal situation?

by Readers Question

11:27 AM, 12th February 2015
About 4 years ago

Cannabis smoking in property – what is the legal situation?

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Cannabis smoking in property – what is the legal situation?

I’ve a property with 10 self contained units – one is smoking cannabis early morning (night workers) which is permeating the house – it’s the first thing you smell as you enter – they’ve been spoken to, obviously deny it, and it didn’t happen this morning.

Does anyone know what the legal situation is with this or any experience, the lease obviously has no smoking, no annoyance etc clauses, the usual AST – but if they persist where do I stand, they’ve been there 3 months so not time to evict, though I will issue a S21 so they don’t continue the tenancy.

I’ve had the odd cannabis smoke smell before, people that use this are generally quite indignant to being told that it’s not acceptable, but it’s generally a one off.

None of the other tenants have mentioned it oddly.

Elizabethsmoking



Comments

All BankersAreBarstewards Smith

11:47 AM, 12th February 2015
About 4 years ago

if none of the other tenants are complaining and if the smokers are paying their rent why are you concerned ?

Paul Thomas

12:36 PM, 12th February 2015
About 4 years ago

I agree... If no one has complained. I'd leave it. I have a few guy's who work for me. The smoke, I don't, but it comes with the type of people I employ. Their issue.

If others do complain. Then think about it. I'd just suggest they open their windows, or smoke outside.

David Aneurin

12:54 PM, 12th February 2015
About 4 years ago

No way.
Check the AST and it should state that use of drugs is not allowed. That gives you cause to cancel the contract.If you as the landlord accept this where will it stop.
Others are better able to advise on the procedure.

All BankersAreBarstewards Smith

13:12 PM, 12th February 2015
About 4 years ago

When i had a tenant who was actively breaking the law, if memory serves me the S8 clause that I could have used said something about needing a conviction before applying for a court order to get possession.

If there are a number of S8 clause applicable a judge might accept a non-conviction if it is part of a "body of evidence"

Graham Durkin

13:13 PM, 12th February 2015
About 4 years ago

I personally would write a note and deliver to all those living in the building outlining what is going on and it is not acceptable,this may have the desired affect.my main concern is when you become aware of something contrary to what is the norm in the legal eyes you would be expected to do SOMETHING,Nobody can say where this issue may lead but for me doing nothing is not the way forward .i have some other points but will see what others bring to the thread.

13:31 PM, 12th February 2015
About 4 years ago

Be careful, there is a criminal offence of 'allowing your premises to be used' in connection with illegal substances and if you know that it is happening and do nothing about it you could be complicit. As a retired police officer I have had experience of this and had a successful prosecution against a landlord in my previous life for this offence. I am not sure ignoring the situation is the right thing to do...

Paul Thomas

14:52 PM, 12th February 2015
About 4 years ago

Ok, now I've thought about this, and similar situations. I'm going to change my reply. See, I'm old enough to say I'm wrong 🙂

Yes, talk to the offender. The write to everyone, pointing out the issue prob. in the AST.

Now I've thought about it. I keep an eye on all my properties, I only investigate or start nosing around if the places start to get messy. It's usually a hint of disharmony in the house or other issues. Then I would start making more calls and visits and start asking questions.

So, basically I was wrong in my answer... Hey, it's been a busy day !

Michael Barnes

15:59 PM, 12th February 2015
About 4 years ago

Reply to the comment left by "Graham Durkin" at "12/02/2015 - 13:13":

By 'write a note to everyone and tell them what is going on", I hope you mean "tell them that evidence of smoking canabis has been found and it is not acceptable", and not "tell them who is doing it".

telling them who is doing it could lead to landlord being in trouble (possible Data Protection issue; possible harassment claim, etc).

Graham Durkin

17:45 PM, 12th February 2015
About 4 years ago

Reply to the comment left by "Michael Barnes" at "12/02/2015 - 15:59":

My post clearly points that writing (from the landlord_ to all that live in the house makes them fully aware of what is going on and what is acceptable , By taking this line you are then taking the initiative to the PERP who then knows that youi are taking a clear interest .should it not desist then a s21 would be seen by others when its enforced that your building will not be seen as a haven for DRUG use.i,m sorry to say that society seems to tolerate/accept this type of behaviour much to the detriment of other tenants who just want a quiet life.

Harlequin Garden

19:10 PM, 12th February 2015
About 4 years ago

Thanks for your varied comments - it's not the impression I want to give to my current tenants and it would only attract a poor type of prospective tenant. The tenants have been spoken to - no smells this morning or yesterday - so hopefully they will go elsewhere for this - I actually don't want it in the garden either, call me a fuddy duddy. I do run a very tight ship so am surprised that I haven't had the same sort of phone calls as when the washing machine doesn't work, the last thing I want is to lose good tenants because they think I condone this. I will issue a S21 incase it reappears.

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