Legal counsel provides insight into laws surrounding smoking on rented properties.
Tenants can legally use, cultivate for personal consumption and possess cannabis in the property they are renting, says Rowan Terry, legal counsel at TPN Credit Bureau.
Terry said in recent years, there have been numerous complaints from both landlords and neighbours that tenants are smoking cannabis in their rental properties.“The reality is that the possession, use and cultivation of cannabis for personal consumption, in private, was decriminalised in 2018.” Regarding smoking on outside balconies or where common gardens are shared, if the body corporate has rules that state no smoking in common areas – then the rules would still apply.
A tenant, in this case, would need to receive three consecutive written warnings to stop smoking in the unit.
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