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Hamilton tenant booted out over ‘daily’ cannabis smoking

Thursday, 11 June 2026

The Hamilton tenant got the boot for ‘smoking cannabis on an almost daily basis’.
The Hamilton tenant got the boot for ‘smoking cannabis on an almost daily basis’.

Smoking cannabis got a man evicted from a Hamilton boarding house, after repeated complaints from neighbours and fellow tenants.

The Tenancy Tribunal terminated the tenancy of Weston Smith at a boarding house in Huntington and granted immediate possession of the property to landlord Ba Da Han.

The decision centred on allegations of regular cannabis use at the premises.

The Tenancy Tribunal ruled the tenant had ‘used the premises for the illegal purpose of smoking cannabis’.
The Tenancy Tribunal ruled the tenant had ‘used the premises for the illegal purpose of smoking cannabis’.

The Tribunal heard evidence from the landlord’s witness, who said he had observed Smith smoking cannabis “on an almost daily basis” and that multiple complaints had been received from other tenants requesting the tenancy be terminated.

On March 14 this year, the landlord served Smith with a 48-hour termination notice, alleging the premises were being used for an illegal purpose.

The notice claimed Smith regularly smoked cannabis both inside and outside the property.

Supporting material included a letter from a neighbour alleging cannabis smoking and a separate note from another neighbour regarding noise complaints. The landlord also alleged Smith was observed smoking cannabis on March 14 and “made a racist remark towards the Landlord’s staff”.

The landlord attended the hearing, but Smith did not appear.

After reviewing the evidence, the Tribunal found the allegations had been proven. The adjudicator noted that evidence from the landlord’s staff members was supported by statements from two neighbours.

“Having considered the evidence, I am satisfied that the Tenant used the premises for the illegal purpose of smoking cannabis,” the decision states.

The Tribunal ruled that the termination notice had been properly served and ordered the tenancy be ended immediately, with possession of the property returned to the landlord.