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Holding deposit - smoker?

Hi,

Quick question, a friend of mine is a smoker. Has (signed) authorised a holding deposit (1 week's rent) to be debited after having an offer accepted but has just seen a summary of a proposed AST which says no smoking allowed.

If he pulls out now because he is a smoker is he liable to still have his holding deposit debited? No indication was given when viewing that smoking wasn't allowed.
«13456

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Depends exactly what he signed, which we cannot see. It seems that neither side has been up front about smoking, as it has only emerged after the holding deposit was taken. Best to return the proposed AST with the smoking clause struck out and let the LA and LL either accept or reject. If they reject rather than friend withdrawing, the holding deposit is more likely to be returnable.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    edited 27 March 2011 at 7:43AM
    He'd be best off just taking the house, and smoking outside. Is that really such a hardship?
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    sharpy2010 wrote: »
    He'd be best off just taking the holiday, and smoking outside. Is that really such a hardship?


    What holiday????????????????
    Be Alert..........Britain needs lerts.
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    House.

    Better off taking the house and smoking outside.
  • evoke
    evoke Posts: 1,286 Forumite
    Tenth Anniversary Combo Breaker
    Give up smoking. It's a disgusting, filthy addiction that makes you smell, sick and die younger.
    Everyone is entitled to my opinion!
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    evoke wrote: »
    Give up smoking. It's a disgusting, filthy addiction that makes you smell, sick and die younger.

    And what right have you got to tell someone else to do something?

    I don't smoke, but I sure don't go round drum banging about other peoples business.
  • evoke
    evoke Posts: 1,286 Forumite
    Tenth Anniversary Combo Breaker
    I have every right to express my opinion. And it's a statement of fact but smokers need to be protected from their own stupidity.
    Everyone is entitled to my opinion!
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    evoke wrote: »
    I have every right to express my opinion.

    Correct.
    evoke wrote: »
    And it's a statement of fact but smokers need to be protected from their own stupidity.

    But what gives you the right to tells others what to do?

    Are you saying that no smokers are intelligent enough to decide for themselves whether they should smoke or not, so you have to decide for them?
  • withabix
    withabix Posts: 9,508 Forumite
    Personally I would automatically expect smoking to be prohibited in a rental house.

    However, the OP's friend should be able to get the deposit back (as they hadn't seen the AST before the paid the deposit) and find another house where the AST prohibits smoking.
    British Ex-pat in British Columbia!
  • myhouse_2
    myhouse_2 Posts: 553 Forumite
    500 Posts
    Smoke outside - the landlord/lady can't complain in this instance. They're concerned that their decoration will be ruined and the house stink. Problem solved if you smoke outside.
    ps, it's a disgusting habit and your friend should give up :)
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