Holding deposit - smoker?

System

Out of the last 6 houses i've lived in 4 had specific clauses about not smoking. In each of those houses someone smoked but everytime the full deposit was returned. That said I'm in the smoke outside camp though (as much as i've love to be able to have a cig in the living room), mainly cos it says no smoking in the contract although the LL freely admitted there was nothing he could do to stop us :eek:

ilovecheese

I have rented three properties, all three had a no smoking clause in the AST. Both me an my husband smoked in the kitchen (window open) and our check out reports were "excellent" fulll deposit returned each time. I did spend 4-5 hours cleaning every surface and every nook and cranny!

Whilst I am renting a house I am paying for the right to live there, the LL cannot tell me how to conduct myself in my own home. I have a legal obligation to return the property in the same condition as I recieved it, and providing I do this then what is the problem?

As for falling asleep and burning the house down, I have never fallen asleep at the kitchen table smoking or not smoking!

Westywoodpecker

Despite having the non smoking clause in the AST , my tenants who have recently left obviously smoked heavily & my property stinks!

Despite having the carpets cleaned & curtains changed I've still just lost my second tenants through them being able to smell smoke in two of the rooms. (They backed out on the day due to move in).

If they had smoked in the garden I wouldn't have had a problem with that. I'm still annoyed & awaiting new tenants.

evoke

Westywoodpecker wrote: »

Despite having the non smoking clause in the AST , my tenants who have recently left obviously smoked heavily & my property stinks!

Despite having the carpets cleaned & curtains changed I've still just lost my second tenants through them being able to smell smoke in two of the rooms. (They backed out on the day due to move in).

If they had smoked in the garden I wouldn't have had a problem with that. I'm still annoyed & awaiting new tenants.

And this is the real issue.

Smokers can't smell how disgusting cigarette smoke is because their sense of smell (and taste) is greatly diminished through smoking.

And non-smokers who move into a property that was previously inhabited by smokers have to endure the disgusting smell of stale tobacco smoke that no amount of cleaning can ever remove.

It's a bit like buying a car that was previously owned by a smoker. The smell will never go away.

Landlords should be able to sue previous tenants who smoked against the rules laid down, for a complete refurbishment of the property.

Westywoodpecker

I'm now fighting for the cost of the carpet clean & curtains from the bond. As I'm managing it myself, I've found that the LA has now taken a step back & insist I do it myself (It's via an insurance company).

Still, I like a challenge.

evoke

As for returning the property in the same condition that it was in, this should include aroma in the property! Smells in homes can put a lot of people off.

kford224

GothicStirling wrote: »

So what about my rights [as a non-smoker, in a flat than is non smoking] not to have to put up with cigarette fumes from the tenants below us?

Maybe I should charge them everytime I have to purchase Frabreeze to keep my home smoke free?

I find that with my cousin's flat. The communal hall as you go in absolutely stinks of stale cigarette smoke, it's gross!! I don't smoke so naturally more sensitive to it, but it is a little bit inconvenient to non smokers in the block! It is a tricky one because obviously the smoker has a right to smoke in their own home, but at the expense of everyone else? I can see both sides of the argument

kford224

evoke wrote: »

Landlords should be able to sue previous tenants who smoked against the rules laid down, for a complete refurbishment of the property.

I agree, but I do think there are different types of smokers. I generally view smoking as an incredibly selfish habit, as you can't help but directly inconvenience someone at some point. I don't get how some people can sit in a busy pub garden or at a bus stop whilst their smoke (that has been in their body and out again *heave*) wafts in other peoples faces. I personally couldn't do that.

However, I have a few friends who are very considerate smokers and very conscious of other people. They very much see it as their bad habit, and hate the thought of it being put on someone else and they would never smoke in their own house/anyone else's house. One friend won't even smoke in my car with the window down when I have said that she can.

It boils down to attitudes, and you wouldn't want someone with the former attitude in your rented property

Pennylane

kford224 wrote: »

I find that with my cousin's flat. The communal hall as you go in absolutely stinks of stale cigarette smoke, it's gross!! I don't smoke so naturally more sensitive to it, but it is a little bit inconvenient to non smokers in the block! It is a tricky one because obviously the smoker has a right to smoke in their own home, but at the expense of everyone else? I can see both sides of the argument

That is SO true and doesn't it just turn your stomach!:eek: I had to deliver some newsletters this morning in our neighbourhood and at some houses you can actually smell the stale smoke stench coming out of letter boxes as you put the item through.

If you get that stink coming through in just those few seconds imagine what it must smell like inside.

withabix

ilovecheese wrote: »

Whilst I am renting a house I am paying for the right to live there, the LL cannot tell me how to conduct myself in my own home. I have a legal obligation to return the property in the same condition as I recieved it, and providing I do this then what is the problem?

You have a legal obligation to comply with your Landlord's specified terms and conditions in your tenancy contract.

By your logic, the landlord could turf you out whenever he wanted to, because by your logic, your tenancy agreement is meaningless.