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Management Agents and smoking tenants

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    thats surprising, if its contained in the lease agreement, surely its enforceable ?
    So you think if I inserted (pun) a clause in my tenancy agreement saying "the Tenant will once-weekly give the LL a blow-job." that would be enforceable?

    There are many clauses in TAs that can never be enforced!

    However, whilst I believe the European Court has ruled that a LL cannot prohibit a tenant from smoking (not sure- may have been some other court), that is not the issue here.

    The issue is the damage caused by smoking.

    Now, valid points have been raised above about 'wear and tear', and whether a flat would or would not, in any case need re-painting after 4 years.

    I would certainly argue that smoking damage was not normal wear and tear, but judges can be unpredictable animals.....
  • jc808
    jc808 Posts: 1,756 Forumite
    Madam: Very good: My point & the point of the link was not protecting the deposit, albeit essential, but However, your shout, your decision: Come asking for advice for your friend
    then ignore it... Donchta just love that freedom!

    Cheers!

    Settle down mate, its only a forum :money::money::rotfl::rotfl::rotfl::rotfl:;)
  • propertyman
    propertyman Posts: 2,922 Forumite
    Your friend should learn to use the internet & post his own questions...!

    But there is nothing wrong with offering to help a friend e.g.

    "I am a member of this great website- let me ask them:)"
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • propertyman
    propertyman Posts: 2,922 Forumite
    G_M wrote: »
    So you think if I inserted (pun) a clause in my tenancy agreement saying "the Tenant will once-weekly give the LL a blow-job." that would be enforceable? ..

    Well, just remember to edit it on the next letting in case you let to a "monster" :eek::rotfl:
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • propertyman
    propertyman Posts: 2,922 Forumite
    thats surprising, if its contained in the lease agreement, surely its enforceable ?

    Well that clause is enforceable, as are the damages caused by the smoking as acts of waste.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • propertyman
    propertyman Posts: 2,922 Forumite
    jamie11 wrote: »
    Some people smoke, get over it!.

    Smoking cyclists are just the worst :D

    But that said if the letting and contract were clear, no smoking, then they have every right to be miffed at the tenants ignoring that and the agent failing to check on their inspections.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
This discussion has been closed.
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