Shared houses and rented rooms can raise questions about smoking and vaping. This guide explains what tenants and renters in Scotland can expect when a landlord or housemates propose smoke-free rules, how private tenancy agreements interact with shared-house house rules, and what steps you can take if smells, smoke or damage become a problem. It covers when landlords may lawfully restrict smoking, how to request changes in writing, evidence to collect, and how to use official forms and the First-tier Tribunal (Housing and Property Chamber) if disputes cannot be resolved. Practical examples and official Scottish sources are included to help you protect your rights and keep living arrangements safe and clear.
What the law says in Scotland
Smoking and vaping in private rented housing is governed by the Private Housing (Tenancies) (Scotland) Act 2016 which sets out tenants' and landlords' core rights and responsibilities[1]. If a dispute cannot be resolved, the First-tier Tribunal for Scotland (Housing and Property Chamber) considers applications about tenancy obligations and remedies[2]. Local housing standards and tenancy guidance also explain how notices and repairs work in practice[3].
Can a landlord ban smoking or vaping?
Landlords can include clauses in tenancy agreements that restrict smoking or vaping in specified parts of the property, provided the clause is lawful and made clear to tenants. A new rule to prohibit smoking should be included in the written tenancy or agreed in writing by all affected parties; unilateral changes without notice are often disputed. Where smoke or vaping causes damage or a persistent nuisance, landlords may have grounds to act under the tenancy but must follow proper notice and process.
Private agreements and house rules
- Serve a written request or ask for a formal house rule from the landlord, keeping a dated copy for your records.
- Discuss any proposed deposit deductions for smoke damage before signing a tenancy and get agreed terms in writing.
- Collect evidence such as photos, timestamps and messages if smoke or vaping causes damage or nuisance.
Repairs, smells and damage
Landlords remain responsible for repairs and for keeping communal areas habitable. If smoke residue or vaping affects cleanliness, ventilation or safety, report it as a repair in writing and request a reasonable timescale for work to be done.
- Report any repair needed because of smoke damage to the landlord in writing and request a timescale for completion.
- Note deadlines for replies and follow up in writing if work is delayed or incomplete.
Enforcement, notices and the tribunal
If you cannot resolve the issue directly, landlords may start formal procedures such as serving a notice or seeking an order through the tribunal. Commonly used documents include a Notice to Leave where a landlord seeks to end a tenancy (there is no single UK-wide form number for this notice in Scotland; follow Scottish guidance) and an application to the First-tier Tribunal (Housing and Property Chamber) using the tribunal's application process for private rented housing. For example, if smoke causes significant damage to fixtures or creates an ongoing nuisance that the landlord will not remedy, you or the landlord may apply to the tribunal for a decision or for compensation.
FAQ
- Can my landlord ban vaping in my private bedroom?
- Yes if your tenancy agreement or a lawful house rule allows it, but landlords should make changes in writing and cannot act unlawfully or unfairly.
- What if smoke from another tenant affects my health?
- Raise it with the landlord in writing, collect evidence and consider applying to the First-tier Tribunal if the landlord does not act.
- How long before I must respond to a notice?
- Deadlines vary by notice type; follow the timescales on the notice and seek advice immediately if unsure.
How-To
- Write a clear written request to the landlord describing the issue and the outcome you want and keep a copy.
- Collect dated evidence such as photos, messages and a log of incidents to support your case.
- Contact the landlord or managing agent, explain your concerns and mention that you may use the tribunal if the issue is not resolved.
- Apply to the First-tier Tribunal (Housing and Property Chamber) using the tribunal application form and guidance if necessary, and attach your evidence.
Key Takeaways
- Tenancy agreements set the starting point for smoking and vaping rules.
- Keep written records and evidence of any smoke-related damage or nuisance.
- The First-tier Tribunal (Housing and Property Chamber) can decide unresolved disputes.
Help and Support / Resources
- [1] Private Housing (Tenancies) (Scotland) Act 2016
- [2] First-tier Tribunal for Scotland (Housing and Property Chamber)
- [3] Ending a tenancy and notices guidance (mygov.scot)
