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My predicament

Hi,

I have just finished my tenancy agreement in my flat. The lettings agency have been round to see what needs doing etc and have said that the flat has a noctine smell to it. Now i don't smoke and i can't smell anything there, but 2 of my flat mates did smoke. I know for sure they didn't smoke inside but they did outside the door where it may have seeped in...but here's the big thing - we lived above a pub. Now because of smoking being banned in pubs of course people smoke outdoors, and we have the windows open so the smoke comes inside. The lettings agency are trying to say we have to pay for professional cleaning of the carpets due to this but i don't see why we should seeing as it could well have been the same situation had there been no smokers in the flat. What are my options here? can i fight this or is it simply something i'll have to accept and pay?

Thanks

Owen

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The smoke smell is more likely to come off your friends clothes, hair and and bodies as it has from the pub outside - especially given that it's been winter and your windows will likely have been shut most of the time. I can tell you from personal experience that does make a flat smell, also there is research that shows childrens health is affected by their parents smoking even when they have a smoke-free home.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • david29dpo
    david29dpo Posts: 3,975 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    There two sides to this. As a LL, my tenant said the same but i saw him smoking in his van (said he never smoked) The house stank when he left. The problem was proving it. Not saying you do or anyone else. He never disputed losing some of his deposit so...........
  • OwenWill
    OwenWill Posts: 18 Forumite
    Ah ok, thats fair enough then i didn't realise how much it stuck to clothes etc. Thats kinda annoying but oh well lol.

    Thanks for your help.
  • omen666
    omen666 Posts: 2,206 Forumite
    1,000 Posts Combo Breaker
    Thought you could not stipulate things like this ( you are not to smoke ) in a AST as long as the tenant leaves the premises in good order as it was when they started their AST?
  • omen666 wrote: »
    Thought you could not stipulate things like this ( you are not to smoke ) in a AST as long as the tenant leaves the premises in good order as it was when they started their AST?

    You can stipulate anything you want, whether or not when it comes down to it it is enforceable or worth the paper it is written on is another thing altogether
    The proof that some people really are opinionated and ignorant

    Originally Posted by naff123 viewpost.gif
    Long nosed Tory looking down upon everybody!
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    omen666 wrote: »
    Thought you could not stipulate things like this ( you are not to smoke ) in a AST as long as the tenant leaves the premises in good order as it was when they started their AST?

    You can't stop people smoking in their own home, but you can refuse to accept a smoker as a tenant.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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