Lease for an definite period. Smoking by occupants of the building.

The tenant complained to the landlord about smoking by other occupants of the same premises; he thought they were smoking cannabis. The tenant requested that smoking be prohibited in all parts of the building, not merely in the common parts. The house rules stated that smoking in common areas was not permitted. The landlord contacted other occupants of the building and requested that they ensure that the smell of smoke did not penetrate into the common parts. The landlord also intended to check all the doors to see whether they were properly sealed.

The Complaints Committee considered that there was no evidence available to demonstrate that people had smoked in the common parts of the building or that the occupants were smoking cannabis. The landlord had done what he could to influence the way other tenants in the building were using it so as not to cause the tenant greater discomfort or disturbance than could be regarded as normal.

Conclusion: The tenant’s demand that the landlord take further measures due to smoking was rejected.