Question 1

Residents using Cannabis

Accepted Answer

Residents using Cannabis. Q: We have had several complaints regards the use and smell of drugs in the property. We are especially worried as one of the residents has a young son and she has expressed concern about this. This is a recent occurrence following a resident's boyfriend moving in with her. We use an outside management company for admin etc and they have sent out a letter asking said flat owner to address this. The practice did appear to abate for a short time, but I recently had cause to show a builder around and was very embarrassed, with the heavy smell of this stuff. Obviously, we are keen to stop this practice asap, as we feel it impedes on everyone and any possible sale of properties. I spoke to the management company and they suggested sending a legal letter citing section 146. Could you please explain what section 146 is? FPRA Chairman Bob Smytherman replies: I am not a lawyer for the FPRA but a S146 is a legal notice to the leaseholder for breach of the lease as the activities of the leaseholder are causing annoyance to another leaseholder. Hopefully the response from the leaseholder will be positive and they will cease the drug use without the need for tribunal to enforce. The difficulty being that drug use in their own flat is not likely to be in breach of the lease as it’s their own home. Therefore, the impact of the drug use on others will need to meet the threshold for causing the nuisance on other occupiers and users of the building. Hopefully as a leasehold owner, rather than a short-term tenant, they will do the right thing and cease the practise of drug smoking when they receive the solicitor’s letter! Another possible remedy is to alert the police as this is criminal activity. However, many police forces do not prioritise recreational drug use. The drug dealers will be the ones that should be targeted which will be more of a priority for the Police. I hope this helps and the solicitor’s letter gets the response you want to cease the drug taking. Best of luck. [Winter 2019]

Question 2

Residents using Cannabis

Accepted Answer

Residents using Cannabis. Q: We have had several complaints regards the use and smell of drugs in the property. We are especially worried as one of the residents has a young son and she has expressed concern about this. This is a recent occurrence following a resident's boyfriend moving in with her. We use an outside management company for admin etc and they have sent out a letter asking said flat owner to address this. The practice did appear to abate for a short time, but I recently had cause to show a builder around and was very embarrassed, with the heavy smell of this stuff. Obviously, we are keen to stop this practice asap, as we feel it impedes on everyone and any possible sale of properties. I spoke to the management company and they suggested sending a legal letter citing section 146. Could you please explain what section 146 is? FPRA Chairman Bob Smytherman replies: I am not a lawyer for the FPRA but a S146 is a legal notice to the leaseholder for breach of the lease as the activities of the leaseholder are causing annoyance to another leaseholder. Hopefully the response from the leaseholder will be positive and they will cease the drug use without the need for tribunal to enforce. The difficulty being that drug use in their own flat is not likely to be in breach of the lease as it’s their own home. Therefore, the impact of the drug use on others will need to meet the threshold for causing the nuisance on other occupiers and users of the building. Hopefully as a leasehold owner, rather than a short-term tenant, they will do the right thing and cease the practise of drug smoking when they receive the solicitor’s letter! Another possible remedy is to alert the police as this is criminal activity. However, many police forces do not prioritise recreational drug use. The drug dealers will be the ones that should be targeted which will be more of a priority for the Police. I hope this helps and the solicitor’s letter gets the response you want to cease the drug taking. Best of luck. [Winter 2019]

Residents using Cannabis

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