Tenant’s son is smoking in bed?

You can’t just evict the son.

If the tenant isn’t addressing the issue then your only option is to end the tenancy using s21.

Your tenant is named on the agreement as responsible for the tenancy and the property.

As she is allowing this behaviour then you need to make her aware again that she is in breach of her agreement and in this instance will probably lose her home and any deposit paid.

Tell her that you wish to visit in the near future to inspect it and then list everything that you expect her to do, whether that is the Son who clears up his own mess, or she kicks him out and does it herself. Then say you will follow up again in 2-3 months time or a timescale you consider reasonable….but stick to it. Leaving a 3 year gap to assumption is not managing the situation.

I assume you have his RTR documents?

Maybe I’m missing something but why would you care if the son smokes in HIS bedroom? They have been their 10years presumably paid rent in full and on time and causing no actual issues. You will probably need to repaint and replace carpets anyway when they leave. Can hardly call this damage. What’s next you can’t cook smelly foods in the kitchen.

Reply to the comment left by Jason at 17/10/2024 – 12:49I see your point of view Jason and sometimes from the outside these cases may seem to be ‘overly fastidious’, although Eady has a genuine concern since smoking indoors is a genuine fire hazard which could not only result in untold damage to the property but to also place lives in danger.
Smoking indoors might also likely void any insurance policies.

Reply to the comment left by Jason at 17/10/2024 – 12:49
I see your point of view Jason and sometimes from the outside these cases may seem to be ‘overly fastidious’, although Eady has a genuine concern since smoking indoors is a genuine fire hazard which could not only result in untold damage to the property but to also place lives in danger.

Smoking indoors might also likely void any insurance policies.

In reality, there’s probably nothing you can do to stop the son from smoking in the property, even if he had signed a tenancy agreement which states that smoking is not permitted inside the property. The landlord’s grounds to evict the tenant for breach of the lease (Ground 12: The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent.) are enforced at the discretion of the court, and a court is very unlikely to grant possession because the tenant is smoking in the property, especially if the tenant is paying rent on time.

Were the children noted on the Tenancy Agreement as permitted occupiers? Did you renew the tenancy annually or is it now on a periodic tenancy? Is this clause in the TA or is it silent re rolling on?

Your gas engineer “forcing” his way into the bedroom could be seen as a breach of the son’s HR

Do some landlord training. You are in danger of making a criminal error.

Reply to the comment left by JohnSnow at 17/10/2024 – 13:06
Would you give the same response if it was vaping? I would, we are not nanny’s.

I would serve a section 21 and put an end to it… she is named on the tenancy not the son…even if he is I would still serve notice…So she is responsible for her guests….
She clearly is not doing this so she is not acting as a responsible tenant… I would serve a section 21 ASAP before the rent reform rules come in or your problems will be bigger..
I would not hesitate to put this to bed now and take back control… just make sure you also serve the proper paperwork like how to rent guide, deposit cert, EPC, gas cert, electrical cert etc before serving the section 21 even just 2 days before or your section is likely to fail..,make sure you have proof of service… I use an Independant service company to serve papers and section 21 and they provide proof of service
If she says she will sort it… she won’t… it’s her son and he clearly has nowhere else to go…. Just my opinion..
Hope it all works out for you.

Reply to the comment left by Jason at 17/10/2024 – 12:49
The contract stipulates that it is a no-smoking house – why would you want someone in your house that smokes in bed and is a fire hazard? The main concern is smoking in bed