Smoking
On the topic of
smells – smoking is another major area of dispute amongst tenants.
Under theTobacco and Other Smoking Products Act
1998, smoking in enclosed areas of a common area is prohibited, so
if your tenant complains of another resident smoking in the carpark or the
front entry, that can be addressed fairly quickly.
A tenant
smoking in their own apartment, on the other hand, is much tricker to manage.
There have been
some legal rulings over the years regarding smoking within units, where the
smell escapes through the balconies, under doors or into the extraction system.
These rulings have found that a body corporate doesn't have the
authority to prohibit smoking within a unit, including on balconies as these
are private homes.
However, somebody corporate schemes have passed by-laws that state residents are not
permitted to smoke on their balconies, where it causes a nuisance to
neighbouring units.
As you can imagine,
these by-laws can be very difficult to enforce – so this is an area you need to
work very closely with your property manager and body corporate manager
on.
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#property
#landlord #propertymanagement #rent #realestate #tenants #properties
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Jason Gwerder
Friday, 6 November 2020
