Smoking and the Health Act 2006

Since 1 July 2007, smoking or allowing smoking in enclosed public areas of properties has been illegal. The Health Act 2006 bans smoking in public places, imposes obligations to implement the ban and creates several criminal offences for those who choose to ignore or break the law.

Tenants of individually let rooms and guests are only permitted to smoke in bedrooms with the door closed. Smoking is not allowed in the common areas of the building, defined as public areas, and smoking is not permitted in kitchens/living rooms, corridors, shared toilets, or bath/shower rooms. It does not matter if all the tenants and guests agree that smoking in the common areas is acceptable – it is still not legal – because the shared spaces are not part of any individual tenant's dwelling. The dwelling is confined to the room that has been let to them.

Where tenants rent the entire dwelling – including tenants renting on a joint tenancy and jointly renting the whole premises - there are no 'public areas' within their premises. The Health Act ban allows smoking in their shared living space because it forms part of their dwelling.

At least one legible no-smoking sign must be displayed in 'public areas' such as common stairwells.

Enforcement

Enforcement can be difficult. People smoking tobacco products in prohibited areas should be politely asked to desist. Tenants who refuse to stop smoking in a public space after being asked politely to do so should be provided with a letter advising them that it's also a criminal offence. Unless the tenant complies with the law, the landlord will take action against them.

If a tenant continues to smoke, it is recommended that a solicitor send them a letter. If no positive response is received to the solicitor's letter and other tenants complain, the landlord should take legal advice in considering repossession proceedings. The landlords themselves can face criminal proceedings and a hefty fine if they fail to take action to stop unlawful smoking.