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Going Smoke Free - England July 2007

by Dr David Smith of Pain Smith Solicitors*

PainSmith Solicitors Legal Advisor

22nd June 2007

Following on from Scotland and Wales, England goes "Smoke Free" on the 1st July 2007.

Dr David Smith of Pain Smith Solicitors has produced the following brief for Landlords, Tenants, agents employers and other parties who could be affected by the new rules.

From 1 July it will no longer be permissible to smoke in public places in England. This will mean that any place with public access or where people work must be non-smoking.

While in most cases private residences will not fall into this bracket certain types of property usage will require action. Communal stairwells and corridors in flats and HMO's will have to be smoke free if they are open to the public or if someone, such as a cleaner, works there. This will mean that many block managing agents will need to observe the law in regard to blocks of flats they are responsible for managing.

Smoke free premises will have to display appropriate signage. These signs will have to be of at least A5 size and display the international no-smoking symbol with a diameter of at least 70mm. The words "No Smoking. It is against the law to smoke in these premises" will also need to be on the sign.

Below: Example from a Notice board in a block of flats

The signs can be modified by changing the words "these premises" to a more appropriate description of the premises which are referred to. So they could be amended to refer to "this building" or "these flats" for example. The signs must be displayed at every entrance to smokefree premises. More information can be found on the Smokefree England website at www.smokefreeengland.co.uk.

*Dr David Smith is a trainee solicitor with PainSmith Solicitors, a niche practice specialising in residential landlord and tenant law.

PainSmith Solicitors Legal Advisors are provided for information only and are not legal advice. If you do have a legal problem, you should talk to a lawyer or adviser before making a decision about what to do.

You may wish to use the CLS/CDS Directory (www.justask.org.uk/public/en/directory) to locate an adviser. The information provided here is written for people resident in, or affected by, the laws of England and Wales only.

You should note that date given in the update and be aware that the information given may become inaccurate due to changes in the law or its implementation.

See also:

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*See also Section 13 Notices and Is the deal closed? The use of the 'Subject to Contract' formula- For full article Click Here

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*See also Safety Glass and Defective Premises Act - The Information on a Court of Appeal decision (7th February 2007) regarding the Defective Premises Act 1972 For full article Click Here

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*See also Implementation of the Regulatory Reform (Fire Safety) England & wales) Order 2005 Click Here

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*See also Understanding Business Tenancies June 2007 Click Here

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*See also Duty of Landlords To Mitigate Loss Click Here

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*See also Energy Performance Certificates in Let Property - 29 January 2008 Click Here

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* Articles courtesy of PainSmith Solicitors are a niche practice specialising in Landlord and Tenant Law. Based in Medstead in Hampshire, they are ideally situated to provide an efficient service to clients nationwide as well as those based in Central London and the Home Counties.

 

See also:

Statutory code of Practise on racial equality in housing

Landlord fined £5,500 after double carbon monoxide poisoning in Hackney, London - October 2008

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