Think tank

My main concern is the health of tenants and staff, fire safety and damage to the property. Is it possible to enforce the no-smoking policy? Is it likely that our position would be supported if a case were taken to court (perhaps on Ground 13, that the tenant has failed to look after the common parts of the building)?

As I am sure every housing manager is aware, it is difficult for a landlord to vary an existing assured tenancy agreement. Unlike secure tenancies, there is no statutory provision to enable a landlord to unilaterally vary an existing agreement.

In order for the terms and conditions of an existing assured tenancy to be varied, the consent of the tenant needs to be obtained through a Deed of Variation. To be 100% effective, this deed needs to be signed by the tenant and returned to the landlord. Further management problems occur if only some of the tenants have signed and returned the deed – there are effectively two different types of tenancy running at one scheme.

In this specific case it really depends on the provisions of the tenancy agreement and how the non-smoking policy was implemented. A complete prohibition on smoking within the whole building may fall foul of the Unfair Contract Terms provisions.

In order to implement a non-smoking policy in certain areas of the premises, the proposal should be put to all the tenants.

As a matter of law, tenants are responsible for any damage they cause. Where it can be clearly shown that one tenant was responsible for the damage, the landlord could take action against that tenant to recover the cost of repairing the damage.

It also may be possible, as a last resort, for the landlord to rely on Ground 13 of Schedule 1 of the 1988 Housing Act, to enforce a ban in communal areas where these areas are being damaged by tenants smoking where they are banned by the no-smoking policy as a term of their tenancy. However, enforcing the ban in tenants' individual rooms could be problematic, especially where the tenancy does not expressly include this restriction.

In an attempt to eradicate this problem over time, I would suggest that any new tenancies include a prohibition on tenants smoking anywhere other than in accordance with the smoking policy, which can be changed from time to time following consultation with the residents.

Rosemary Hart, Partner and housing specialist, Trowers & Hamlins

Shared ownership: more advice
It's difficult to understand why the shared owner in the 15 August Think Tank should experience problems selling their home.

We have thousands of people on our register desperate to buy a shared-ownership home. Across London last year, more than 110,000 people contacted their local association for information on low-cost homeownership.

The standard shared-ownership lease contains a clause allowing the housing association a defined period, usually eight weeks, to nominate a purchaser for a property available for resale like this one.

The association would usually nominate a suitable purchaser either from their own or the local authority's register.

For the rare occasions when the association can't find a buyer, the owner can sell it on the open market.

My advice would be for the shared owner to check their lease, with a solicitor's help if necessary, to determine whether the nomination period has expired, giving them the option to sell privately.

Kevin Jones, head of homeownership, Tower Homes