Tenants not sticking to the rules

clutton_2

smoking is a funny one legally.. a mate runs a B&B and when the smoking police came round they wanted to ban smoking in the only bedroom which housed a smoker - he was the one particular resident who lived there permanently - renting 2 bedrooms (one for sleeping one for his office) and he successfuly argued against the EHO attempt to ban him smoking at all, that his rooms were not "public" places and that the legislation did not apply..

Tenants homes, likewise, are not public places....

EHO had to have the last word by saying he had to desist from fags half an hour before they came to clean his room and open the window .. fair enuff

althestan

clutton wrote: »

smoking is a funny one legally.. a mate runs a B&B and when the smoking police came round they wanted to ban smoking in the only bedroom which housed a smoker - he was the one particular resident who lived there permanently - renting 2 bedrooms (one for sleeping one for his office) and he successfuly argued against the EHO attempt to ban him smoking at all, that his rooms were not "public" places and that the legislation did not apply..

Tenants homes, likewise, are not public places....

EHO had to have the last word by saying he had to desist from fags half an hour before they came to clean his room and open the window .. fair enuff

The ‘smoking ban’ in public places and the legislation behind this has no relevance to this particular situation though.

madeupname1

neverdespairgirl wrote: »

Cleaning / redecoration is what the deposit's for,

The point is that the deposit would be alot bigger and more likely to get used if the property is tenants by a smoker / pet owner hence the reason most landlords prefer to stick with tenants who don't fall within this category.

Enfieldian

roses wrote: »

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

What implications are those? Oh, none.

clutton_2

""The ‘smoking ban’ in public places and the legislation behind this has no relevance to this particular situation though. ""

but if any landlord tried to evict a tenant on smoking grounds ... i bet you anything you lke that this legislation would form part of the tenants' defence.....

Wee_Willy_Harris

Enfieldian wrote: »

What implications are those? Oh, none.

I wouldn't call the service of a S21 and the loss of ones home implication free, would you?

llh189

Umm, having been a renter for 15 years I would be hugely annoyed and upset if I got a letter accusing me of breaking my tenancy agreement especially as I pay my rent on time and I expect that my rent allows me to treat the house I live in as my home and not making me feel that my rent merely allows me to reside in your property.

I gave notice today and my landlady came round to see me and was so sad that I am going and asked if there was anything she could do to get me to stay. I would deem myself to be a non smoker, but I have friends who smoke, and I will sometimes do so myself. All of the soft furnishings are mine and I will do a deep clean when I leave. My landlady did not have any issues with the smell of smoke when she came or indeed how I have treated her property for the last 4 years, in fact she was devastated that I am leaving!

I am sorry OP but you have a deposit that you can use for deep cleaning should you need it or repainting, leave your tenant to enjoy his home or you'll risk him leaving and maybe your next tenant will be better than him or possibly worse.

Pennylane

Ilh 189 - you sound a very reliable tenant so I'm not surprised she wants you to stay.

You don't say though, whether your place was advertised for Non Smokers or not. If the LL doesn't mind either way, then fair enough, there's not a problem.

I specifically said from Day 1 that I wanted a Non smoking tenant and he said he didn't smoke. Had he said he was a smoker I would have suggested he look elsewhere. I spoke to several people locally who rent out property and most of them only allow smoking in the gardens not in the house. I have to say I can see 3 rented cottages from upstairs and they do all seem to smoke outside.

Has anyone noticed how many holiday cottages/flats/mobile homes say No Smoking (and No Pets, No small children etc). I was looking through a brochure and was surprised to see so many TBH.

Last year I had a short break in a caravan. All the caravans were advertised as No Smoking. When we arrived it had been cleaned but stank of smoke and there were fag ends thrown all around the steps and outside the windows. I complained at Reception and they sent someone to clean it again. They also sent me £100 worth of vouchers for my next break.:)

delain

madeupname1 wrote: »

The point is that the deposit would be alot bigger and more likely to get used if the property is tenants by a smoker / pet owner hence the reason most landlords prefer to stick with tenants who don't fall within this category.

I've seen a £250 deposit hike because I have one cat, which has no fleas, is completely mute so no noise and only comes indoors to eat, and maybe sleep if it happens to be raining. £250!! :eek::eek:

We didn't end up taking that house surprisingly.

Harry_Flashman

I rent - firstly because I would struggle to afford to own these days, secondly because I owned previously and wouldn't want all the hassle again.

Perhaps I'm lucky, but my agreement allows smoking It doesn't allow pets though - figure that one if you can?

I expect that cleaning the property after we move out would be part of the budget when the rent was set? Or do I have that wrong?