Tenant broke NO SMOKING Clause

Mildreds_Earrings

Hello there, we rented our property for 12 months and had a no smoking clause in the Tenancy Agreement, which covered the tenant and her visitors. Fast forward 12 months and the house stinks of cigarettes. The tenant denied this but the stench is obvious, not just to us but to potential tenants who have since come to view the house, as well as the Lettings Agent. 

We now need to return the deposit but how do we prove a smell? Although there are many other things we could charge her for (property had to be professionally cleaned) we said that we will only deduct £100 for professional carpet cleaning, to help to get rid of the stench but the tenant said she will dispute this because we cannot prove that she smoked cigarettes in the house. 

Your advice is appreciated, thank you. 

BlueVeranda

Dear me. She's probably writing on another forum wondering how on earth you all figured it out and why you're going on about The Smell when she can't smell a thing. Sorry, I've no advice about the deposit, but I do hope you can get the smell out of the furnishings soon.

theartfullodger

What proof do you have that the place did not smell of fags at tenancy start?? Is there an inventory & photos supporting?? (Do you have move in inventory & photos - all rooms, inside & out of house & garden??)

In my experience 3 packs of Neutradol 
https://www.amazon.co.uk/Neutradol-Power-Orbs-Super-Original/dp/B0861GVM8C?th=1

- clears the pong in a week.

After years and years of landlords ripping off tenants over deposits with the deposit legislation, passed twice by parliament (2nd time to give more than double the time to do a bit of admin) of course tenants now have the right to dispute landlord deductions.

Artful: 76, landlord since 2000

BobT36

Bit hard to take photos of a smell though, isn't it? 

Mildreds_Earrings

theartfullodger said:

What proof do you have that the place did not smell of fags at tenancy start?? Is there an inventory & photos supporting?? (Do you have move in inventory & photos - all rooms, inside & out of house & garden??)

In my experience 3 packs of Neutradol 
https://www.amazon.co.uk/Neutradol-Power-Orbs-Super-Original/dp/B0861GVM8C?th=1

- clears the pong in a week.

After years and years of landlords ripping off tenants over deposits with the deposit legislation, passed twice by parliament (2nd time to give more than double the time to do a bit of admin) of course tenants now have the right to dispute landlord deductions.

Artful: 76, landlord since 2000

The only proof we have is that we used to live there and we're non-smokers. Yes, took photos and video of interior and exterior of the property and tenant signed for both. 

We know tenants have the right to dispute but thanks for advice about Neutradol 👍

Mildreds_Earrings

BlueVeranda said:

Dear me. She's probably writing on another forum wondering how on earth you all figured it out and why you're going on about The Smell when she can't smell a thing. Sorry, I've no advice about the deposit, but I do hope you can get the smell out of the furnishings soon.

Thanks @BlueVeranda Sorry I wasn't clear but the cigarette stench was obvious. The tenant was feigning not being able to smell it. There's not much point putting a clause in the lease which a tenant breaches but you can't do anything about it! (sigh)

We will try Neutradol, much cheaper and cost effective than professional carpet cleaning. Hope it works! 

BlueVeranda

Mildreds_Earrings said:

BlueVeranda said:

Dear me. She's probably writing on another forum wondering how on earth you all figured it out and why you're going on about The Smell when she can't smell a thing. Sorry, I've no advice about the deposit, but I do hope you can get the smell out of the furnishings soon.

Thanks @BlueVeranda Sorry I wasn't clear but the cigarette stench was obvious. The tenant was feigning not being able to smell it. There's not much point putting a clause in the lease which a tenant breaches but you can't do anything about it! (sigh)

We will try Neutradol, much cheaper and cost effective than professional carpet cleaning. Hope it works! 

No, I believe you, but habitual smokers often struggle to realise just how much cigarettes stink, it becomes normal to them. One of my colleagues thought we were exaggerating when we said we could tell when he'd been for a smoke break - then he quit and was amazed he too could identify smokers by the smell of their clothes.

bobster2

https://www.mydeposits.co.uk/content-hub/how-to-claim-for-smells-in-a-property/

One of the challenges in deposit disputes is proving the existence of smells, especially when it comes to providing concrete evidence. In such disputes, the responsibility lies on the landlord or agent to prove their claim for the deposit deduction at the end of the tenancy.

badmemory

Have you tried looking for staining on the ceilings where they are most likely to have sat.  When me & my ex smoked we had to redecorate every year because of the colour.

Abbafan1972

badmemory said:

Have you tried looking for staining on the ceilings where they are most likely to have sat.  When me & my ex smoked we had to redecorate every year because of the colour.

My Nan’s kitchen ceiling had to be repainted white every 12 months, as it was was always a thick yellow colour by then. 

youth_leader

Good luck with the neutradol. 

I still feel embarrassed when I think of how I used to smell when I saw my non smoking friends.  I didn't stop smoking until late in life and I can now smell cigarettes a mile off.  It's like the smell when you put a bonfire out with water, really acrid.