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Question Details: I live in a house with 3 other people - my partner and another couple. The house was rented out as a smoke free home. My partner and I don't smoke but the other couple do, and have recently started smoking in their room. What will the consequences of this be and will my partner and I be liable as well?
Filed under Tenancy | 4765 View(s)
Community Law Wellington & Hutt Valley
If the tenancy agreement prohibits smoking in the house, anyone smoking indoors will cause the tenancy agreement to be breached. If your landlord finds out about the smoking your landlord may issue a breach notice to the person or people who have signed the tenancy agreement, requiring them to make sure there smoking in the house stops within 14 days. If smoking continues, the landlord can apply to the tenancy tribunal to end the tenancy early and get compensation.
The landlord might choose not to try to end the tenancy early, but they might want to keep the bond and perhaps additional compensation if the smoking damages the house by leaving it stained and smelling.
It is not clear from your question whether you have signed the tenancy agreement, your flatmates have signed the agreement, or both. If you have signed the tenancy agreement you may also be liable for any of the costs associated with any damage that the smoking causes.
It would be a good idea to discuss the matter and the potential consequences with your house mates as soon as possible to try and work out a solution.
For more help with tenancy issues, you can call 0800 TENANCY or visit www.tenancy.govt.nz.
Answered 9 Sep 2013. The IMPORTANT NOTICE below is part of this answer.
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