New rental laws smoking inside home (VIC)

Sure, we can’t ask if a renter smokes. Last I checked there was still the obligation to keep the property reasonably clean and take reasonable steps to ensure no damage is caused - including by smoking inside which is known to cause damage costing thousands to rectify.

There has been a lot of changes that make our lives harder, but it doesn’t mean you do nothing.

Breaches are still a thing, it is true that there’s a lot more work required now to do these, serve notices to vacate etc. but it doesn’t change the renters obligation.

As for CAV, honestly you could call tomorrow and get a different answer.

In terms of signing a new lease, kind of irrelevant. You can add any clause you want, but if it’s not covered under the Act then it may not be enforceable.

 

Honestly I think CAVs is wrong and your PM sounds mostly legally correct in this instance.

The problem isn't discrimination - the legal issue is that generally it's a breach of quiet enjoyment to tell a tenant how or how not to use their rental.

It might not be a breach to smoke inside but why does that matter?

The premises still has to be reasonably clean, and the tenant can't negligently or intentionally cause damage to the property. If smoking inside breaches those things, then deal with that directly.

 

@thatbum I understand where you're coming from with the point about telling people how they can and cannot live, but smoking inside is one of the most (if not THE most) seriously damaging things tenants can do inside the property. I have seen bills in the tens of thousands rectifying damage from smoking inside- so far as to replace all the gyprock, regrout the tiles, replace all window coverings and carpets, the list goes on. Even in a minor case, it can still cost thousands- forensic scrubbing, ozone generators, etc etc. The best part is that smoke damage is completely uninsurable. Quite frankly I'd prefer the tenant accidentally drive a bulldozer through the loungeroom, it would cost the client less.

I think the point you're making is very valid when it comes to holier-than-thou Property Managers who nag and breach for tidiness and cleanliness where it doesn't actually affect the condition of the house, and this is a real problem, but I would argue that smoking inside is as good as punching holes in all the walls.

 

Ha, forgot about this, an update - the matter was heard and the Adjudicator accepted my version of events and evidence provided and awarded the cleaning cost - all $43.75 of it

 

Agree. It is almost impossible to get smoke smell out. vs plastering a hole in a wall, easy fix.