Tenant broke NO SMOKING Clause

Mildreds_Earrings

bobster2 said:

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.

This link was very helpful, thank you 🙂 

[Deleted User]

BlueVeranda said:

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.

Also COVID can destroy your sense of smell.

[Deleted User]

BobT36 said:

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

You can do it with a decent air quality monitor. Take a reading at check in, take a reading at check out, and if necessary take one after cleaning.

Things like strong smells can be detected because the smell is particulate matter in the air.

Kim_13

Mildreds_Earrings said:

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. 

Is the letting agent able to provide a statement saying that the property did not smell of cigarettes at the start of the tenancy but now does? Any regular trades who could confirm likewise?

On the bright side, at least she has gone and you don’t now have her on a rolling tenancy continuing to breach the terms she agreed to while a posession case went through the courts.