Problem with new tenant smoking
Problem with new tenant smoking
Author
Discussion

Thunderace

Original Poster:

759 posts

268 months

Tuesday 13th July 2010
quotequote all
We own a flat that we've rented out privately for about 10 years. Having run out of friends and aquaintances we've let it through an agency this time. We had to spend several weeks and lots of pennies on renovation when the previous tenant moved out, all windows replaced, new carpet throughout, all walls\ceilings\woodwork repainted, etc. The place is as-new.

Wishing to keep it like this for as long as possible we very clearly told the agency both verbally and in writing that we would only let to a non-smoker. They confirmed that they'd vetted the new tenant they found and that she was a non-smoker.

She moved in yesterday and last night we went to the flat to drop off some documents and found her puffing away in the flat. We have told the agency who don't think that we can do anything now for the initial 6 months of the lease that's been signed. We haven't seen a copy of the lease yet so don't know if there's a no-smoking clause in it. She has admitted that she lied to them.

We will look for some proper legal advice but wondered for now if anyone has an idea of what our rights are and whether our beef should be with the agency or the tenant. The first reaction from the agency wasn't encouraging. Ideally we don't want the flat to suffer from 6 months of fag smell in carpets and paintwork discolouration.

Flintstone

8,644 posts

270 months

Tuesday 13th July 2010
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Common sense would suggest that if there's no clause in the lease the agents failed to follow your instructions and are to blame. Then again she'd have lied to them whether the clause exists or not. One or both are at fault, I'd be going for the agent.

scirocco265

421 posts

199 months

Wednesday 14th July 2010
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Thunderace said:
She moved in yesterday and last night we went to the flat to drop off some documents and found her puffing away in the flat.
She has admitted that she lied to them.
I presume you've told her it's a no-smoking flat(??) What was her reaction?

Jasandjules

71,917 posts

252 months

Wednesday 14th July 2010
quotequote all
If she said she was a non-snoker but was lying then I'd say serve her notice to leave. And I'd be inclined to be getting the Agent to pay for the cleaning/decorating which will now need to be done to get rid of the fag stench.

NitroNick

758 posts

233 months

Wednesday 14th July 2010
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Install a sprinkler system.

fido

18,364 posts

278 months

Wednesday 14th July 2010
quotequote all
Just wondering what sort of person is she. I mean, class-wise, basically is she a chav? You have to be careful with these types when letting.

Condi

19,599 posts

194 months

Wednesday 14th July 2010
quotequote all
fido said:
Just wondering what sort of person is she. I mean, class-wise, basically is she a chav? You have to be careful with these types when letting.
Indeed, before you know it shes popping out kids to several different fathers, converted the living room into a cannabis farm and dealing crack though the letter box. All while social services pay her rent, and pay for the upkeep of the kids, even though they are technically feral children who roam the streets.

ShadownINja

79,285 posts

305 months

Wednesday 14th July 2010
quotequote all
She lied? Breach of contract, surely?

Condi said:
fido said:
Just wondering what sort of person is she. I mean, class-wise, basically is she a chav? You have to be careful with these types when letting.
Indeed, before you know it shes popping out kids to several different fathers, converted the living room into a cannabis farm and dealing crack though the letter box. All while social services pay her rent, and pay for the upkeep of the kids, even though they are technically feral children who roam the streets.
rofl

JustinP1

13,357 posts

253 months

Wednesday 14th July 2010
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Yep. Breach of contract.

You are entitled to the damages caused. I would inform her through the agents of course that she has been 'caught red handed', and thus will hold her liable for any damage including removing the smell, including cleaning of carpets and painting.

Demand that she stops smoking inside now that as this will limit the need and cost when she leaves and with a bit of luck the smell might have been gone.

mk1fan

10,838 posts

248 months

Wednesday 14th July 2010
quotequote all
If the tenant's lied then it's breach of contract.

If the Agent has failed undertake your instructions then it's negligence and their liability.

KenBlocksPants

7,364 posts

207 months

Wednesday 14th July 2010
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Yep, her fault, go through agent though.

I'd be doing it ASAP as well as she will only continue and make it worse.

Thunderace

Original Poster:

759 posts

268 months

Wednesday 14th July 2010
quotequote all
NitroNick said:
Install a sprinkler system.
Thanks, think I'll nip around there now and stick a hosepipe through the letterbox, soak the place. That'll teach her to ruin my carpets.


. . . oh, hang on nuts

lawrence567

7,507 posts

213 months

Thursday 15th July 2010
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Is it written in the contract?
If not then it's word vs word.

mk1fan

10,838 posts

248 months

Thursday 15th July 2010
quotequote all
If it's not written into the contract then the Agent is liable - assuming you formally confirmed that a condition of their instruction was to let the flat to a non-smoker.