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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 373
Experience:  Owner at James Bruce Solicitors
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Can i ask something? in Uk, I just want to ask something. I

This answer was rated:

hello can i ask something?
JA: Where are you? It matters because laws vary by location.
Customer: in Uk
JA: What steps have you taken so far?
Customer: I just want to ask something. I live in a shared house.all my flatmates don't mind me smoking in the kitchen by the window. except the one that no one is friend with. she recorded my video while I was smoking. can it be used against me?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: If you can just help me answering this question, I would be appreciated

Hello I am James a solicitor, I will assist today.

Smoking indoors is not an offence, but could be a breach of a tenancy agreement.

If you have a copy of yours I can take a look if you attach it .

Normally, if there is a non smoking clause, the penalty could be eviction in the worst case, but more often than not, when it comes time to leave you may be required to fumigate the property and make good any paint work etc that could have become discolored.

Customer: replied 9 days ago.
Can she use my video as an evidence without my consent?
Customer: replied 9 days ago.
I will try to find tenancy aggrement
Customer: replied 9 days ago.
hello are you there?
Customer: replied 9 days ago.
where can I attach the document?
Customer: replied 9 days ago.
my landlord already knows that I am smoking at home. after her complaining, he told me to smoke in my room. will I need to pay penalty or something if she shows my video to the police?

Yes himI am here. there is a delay as this is actually email messaging.

She is allowed to film if she wishes, as she is in her home.

The police would not be involved not a criminal offence.

It is good that your landlord already know you smoke.

Customer: replied 9 days ago.
but she was recording me and I was not wearing suitable clothes as well. so , can she use it anywhere? Do I have to pay penalty of smoking?

However, if you smoke in a shared area of the property she can make an official complaint.

All properties that Landlords let which have common parts, are affected by the National Smoke Free Legislation. Throughout the properties the correct notices and signs must be displayed so that all of the tenants are made aware of their responsibilities.

Smoking is not permissible in areas of shared accommodation which can include kitchens, bathrooms, staircases, entrances and toilets. These are areas that are open to all residents and cleaners if under contract to carry out duties within the property. All Landlords of HMO's, shared houses are also included, must display the correct notices and signs in compliance with the No Smoking regulations.

Properties that are rented to exclusive occupiers i.e. bedsits, flats and houses can be smoked in, unless the tenancy agreement states otherwise - but where a tenant breaches this clause a Section 8 Notice would have to be issued. Securing a possession on this breach alone may prove awkward for one could argue that the tenant was being deprived of Quiet Enjoyment, as it is in essence their place of residence and you have no right to stop them enjoying what they enjoy doing in their 'own' home.

Most Local authorities will have a "smoke free officer" who will be able to help with queries on all things to do with the Smoke Free laws. If members of the public have any issues that they wish to clarify about how it affects them where they live, then they should, first of all, contact their Local Authority.

So depending how you property is rented would depend if you can smoke or not.

At worst you could get a warning no more. You would not get a fine for a first time.

You should complain to her for filming you if you feel you were not wearing suitable clothing.

Customer: replied 9 days ago.
thank you. how can I share with my tenancy agreement?
Customer: replied 9 days ago.
She knows already, but she keeps doing it. What can I do to prevent her doing so?

Tell her if she continues filming you agains your will, you would treat it as harassment and report her to the authorities. Say you have taken legal advice, that may well stop her bothering you.

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid Justanswer, I won’t be paid for my time from their website if there is no rating left for me

james bruce and 6 other Law Specialists are ready to help you
Customer: replied 9 days ago.
it says"not to smoke in the property , without the prior written of the Licensor"

As he already knows then i would suggest you just ask him for written consent, especially as no-one else minds in the property.

Customer: replied 9 days ago.
now that she started comlaining about smoking, he told me to smoke in my room. Should I ask consent for it as well?

That would be the best thing to do. He has already y said you can, so should not be a problem. Then if she still continues bi=othering you this would help you show she is harassing you.

Customer: replied 9 days ago.
thank you very much. So just to make sure that I understand you correctly: She can use my video to do some legal complain about my smoking and I will be worked at the first time and will not have to pay any penalty. Am I correct?
Customer: replied 9 days ago.

Thats correct if it goes further a warning is all you should get for the first time.

Customer: replied 9 days ago.
thank you very much
Customer: replied 9 days ago.
Can I ask if I have further question later on another day?