Smoking in a rented property

itchyextremist

I'm a smoker. Not a particularly heavy one, but I do enjoy my fags.


We're moving house (possibly) into a another rented property. Currently I do smoke in my house, but out of a window. A lot of rental properties have strict no-smoking policies.


My question is: how enforceable is this no-smoking rule? I mean unless they actually catch you in the act, can they do anything? I don't think the room smelling a bit smoky would be grounds for eviction and I doubt a court of law would uphold that.


Obviously it would still be out of a window - going outside on a top floor flat is not that handy.

thesaint

What I do with tenants like you who will lie to get in my property, is evict them using the Sec 21 process.

GwylimT

Having a window open makes zero difference.

I would issue an S21 if I could smell fag smoke in our rented property, we don't want it to stink, we don't want nicotine stains and our next tenant should not have to compromise their health.

J_i_m

I'm very anti smoking, however personally I think these bans on tenants smoking within the property are unreasonable.

Obviously if it causes some damage then it's concerning, and of course the smell of smoke lingers. I could tell that the previous occupants of my old flat smoked and that was supposed to be non smoking as well.

But landlords ought to be realistic, smoking is so restricted these days everywhere you go, which is a good thing for non smokers like me, but restricting someone from smoking where they call home is a step to far.

lovinituk

J_i_m wrote: »

I'm very anti smoking, however personally I think these bans on tenants smoking within the property are unreasonable.

Obviously if it causes some damage then it's concerning, and of course the smell of smoke lingers. I could tell that the previous occupants of my old flat smoked and that was supposed to be non smoking as well.

But landlords ought to be realistic, smoking is so restricted these days everywhere you go, which is a good thing for non smokers like me, but restricting someone from smoking where they call home is a step to far.

How much does it cost to completely remove the smell of smoking from a house? And then replace/repaint everything that has been damaged/discoloured by the smoke? Would the tenant be happy to pay hundreds of pounds for that (deposit gone plus potentially more)?

GwylimT

lovinituk wrote: »

How much does it cost to completely remove the smell of smoking from a house? And then replace/repaint everything that has been damaged/discoloured by the smoke? Would the tenant be happy to pay hundreds of pounds for that (deposit gone plus potentially more)?

We had to do this after our first tenants, it cost us about £600 and that was ten years ago, so it would likely be more expensive, they had children in that house as well, poor sods. They were only in the property six months as well, airing and having all carpets and curtains clean still didn't get rid of the smell three months later so we had no option to replace. Personally I wouldn't want an extra deposit as it would mean I would be unable to inspect the property without damaging my health, but it would be useful to many.

PasturesNew

I always, religiously, without fail, go COMPLETELY outside and away from the door/open windows, to smoke my cigs - and I live alone in my own house!

Get yourself outside ...downstairs, out in the street, outside....

G_M

I would be able to tell intantly on walking in if a smoker lived there. I usually suggest a routine visit after a month of a new tenancy to discuss any issues the tenant has, subject to them agreeing. If not, I'd inspect at 3 months.

Even smoking outside may not help: the smell on clothes transfers to the sofa.....

If the tenant had lied about smoking, I'd use the S21 notice process after 6 months before, hopefuly, the smoke damage was too ingrained.

But you're right, evicting for breach of contract on this basis would be hard if not impossible, hence the no-fault S21 process.

lovinituk

GwylimT wrote: »

We had to do this after our first tenants, it cost us about £600 and that was ten years ago, so it would likely be more expensive, they had children in that house as well, poor sods.

Its a shame parents like that can't be prosecuted for child neglect or something similar.

I used to smoke but never, ever in sight of my kids or inside the house. Right down the bottom of the garden was just about far enough.

bris

It depends how long you want to live there, if your looking short term then just ignore the LL as they wouldn't be able to evict you for smoking as it would be an unreasonable clause. This wouldn't stop them issuing you a s21 at the end of the fixed term though.


Your deposit could also be at risk to clean and paint the walls.


If you want something more long term then find a LL who doesn't have the clause.

carefullycautious

Instead of defiling you landlords asset why don't you get yourself a man shed in the garden and kit it out with a chair etc.


The damage caused by smoking to properties is dreadful. Nicotine yellow coating everything it touches yuk!


I would be furious if I found out you were smoking in my property.