Tenants not sticking to the rules

MDE

Just going back to the original point, if the tenant is there long term, which you imply he will be (I think) it would be realistic to expect to redecorate and replace/ deep clean carpets at the end of the tenancy. The deposit won't cover this- it would be wear and tear which you should be budgeting for anyway. Obviously if there were burns etc caused by smoking that would be a different matter.

QTPie

Sadly it is the way it is...

My Mum rented for a while (inbetween selling her house and buying a new one). I was there when she signed the lease and she claimed to be a "non smoker" (I raised an eyebrow).

When I helped her into the new flat, I said that she realised that she couldn't smoke there (she has always brought me up not to lie etc... :A ). She had a real go at me "how DARE you suggest that I would go against the lease, blah, blah, blah!".

Anyway, she only smoked on the balcony (it was a flat). Then within two weeks she sat just inside and stuck her hand out of the balcony door ("well it is November/December"). Within a month she would smoke in the kitchen with the hob extractor on. Within two months she was smoking everywhere and anywhere :huh:

Made me very annoyed (because she had had a go at me for me knowing her better than she does...).

People MAY have good intentions (or not!), but they rarely last... As a landlord, I think that you have to expect the worst really (I have known several people - friends and my cousin - who have rented properties to people who have spiralled into drugs.... now that left a LOT to clear up... )

QT

ruggedtoast

Pennylane wrote: »

When I arranged the insurance on the house it asked whether smoking was permitted in the house and I said it was not.

It's in the contract too. There is a smoke alarm on the landing and it is just a one-bed property, so very small.

I can't see the point in putting things in a contract if people are saying you wouldn't be able to stop them. Things like No Pets, No Smoking, No children.

You can put whatever you like in the contract, but if its not legally permissable in that type of contract then you can't enforce it.

As far as ASTs go your tenant may have as many pets children and cigars in their home as they wish. You are free to evict them at the end of the fixed term if you like.

roses

Can you write him a letter giving him a warning telling him the implications if he continues to smoke?

madeupname1

Seems to me that the problem with smokers / pets etc is not the fact of smoking and keeping the pet but the fact that it may well end up costing the landlord more in maintaining or restoring the propeprty. I would be happy to let out my property to a smoker / pet owner if they are willing to pay say 20% extra per month more to cover the cost, time and hassle of deep cleaning / redecoration / increased insurance costs. The problem is that most smoking / pet owning tenants don't want to pay a mark up representing the additional cost of their lifestyle preferring instead to make it their landlord's problem.

As smoking is not grounds for eviction, you will unfortunately have to put up with it. If it bothers you, issue a secton 21 notice now so that the tenants will be obliged to leave at the end of the fixed term. Or hike their rent substantially if they want to renew.

neverdespairgirl

madeupname1 wrote: »

I would be happy to let out my property to a smoker / pet owner if they are willing to pay say 20% extra per month more to cover the cost, time and hassle of deep cleaning / redecoration / increased insurance costs.

Cleaning / redecoration is what the deposit's for,

althestan

ruggedtoast wrote: »

You can put whatever you like in the contract, but if its not legally permissable in that type of contract then you can't enforce it.

As far as ASTs go your tenant may have as many pets children and cigars in their home as they wish. You are free to evict them at the end of the fixed term if you like.

But it is permissible to include things such as no smoking, no pets, no children in a tenancy agreement. If the tenant does not comply then they are in breach of said agreement and the landlord can seek a court order to evict on Ground 12: tenant alleged to be in breach of tenancy agreement for reasons other than rent arrears. The LL would need to correctly serve a notice seeking possession giving 2 weeks notice. This is a discretionary ground so a Judge would need to be convinced that it was reasonable for the tenant to lose their home.
The Tenant could try and argue that the no smoking clause is unfair under the Consumer Contracts Regulations 1999. The Tenant would need to consider their limited security of tenure though.

Both parties have rights and obligations under the contract they have entered into. Enforcing those rights using the legal route is both expensive and inconvenient for both.
Best course of action – LL has concerns, LL speaks with tenant explains concerns, hopefully reaches an amicable solution, everyone happy.

theartfullodger

Pennylane stated...

We let out a little place which is no smoking. We think the tenant is smoking there though and are really disappointed because it was all in the contract/agreed etc.

I...................

I'm beginning to think I must be oldfashioned or something because I could never sleep at night if I'd gone against the agreement.

(Yup, read the rest of this thread...)
.
Err,.. dunno but are you new to the lettings game>??? In my experience (As Landlord & tenant) tenants (and, sadly, some Landlords..) don't stick to the agreement they signed.

If you want (and need for peace-of-mind) tenants who religiously stick to the terms of the tenancy I fear you will be disapointed and should, perhaps, find another business.

If you don't want the tenant you'll know the legal remedies to remove them. Usually a gentle & polite verbal fixes most things, if not a gentle & polite letter even more things fixed, if not end the tenancy.

Cheers!

Lodger

PS The wife doesn't know I smoke either...
PPS I wish I could announce I always stuck to all agrements I had made!!

Rikki

Pennylane wrote:

When I arranged the insurance on the house it asked whether smoking was permitted in the house and I said it was not.

If the house is let with the insurance being for a non-smoking property should Pennylane be more concerned the tenant maybe smoking inside the property and if so put a stop to it?

theartfullodger

Rikki wrote: »

If the house is let with the insurance being for a non-smoking property should Pennylane be more concerned the tenant maybe smoking inside the property and if so put a stop to it?

Pennylane stated she advised insurers that smoking was not permitted.. That doesn't mean it doesn't happen. (cf. driving @ more than 70mph in UK is not permitted on public roads but, sorry to surprise you Rikki, people have been known to do 70mph+..)

Mind you, sending tenant letter advising of this / sending copy of insurance policy & pointing out they might have to pay for rebuild/refurnish if the place burns down... might gently prompt them to cease & desist.


Cheers!

Lodger