Tenants smelly cooking

by Readers Question

14:47 PM, 8th January 2014
About 7 years ago

Tenants smelly cooking

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Tenants smelly cooking

My tenants of five months seem to live on curry. The flat smells of it every time I go around, despite my asking them to open windows and ensure the cooker hood is used. A tenant from an adjoining flat has already left because of the continuous smell.

Three questions:

(a) can I evict due to the offensive smell?

(b) can I make a claim off their deposit for deep cleaning and replacement of impregnated furnishings that won’t clean?

(c) in future, can I write something into the agreement (as I have with smoking) to prevent strong smelling spices being used in the property?

Many thanks  Smelly tenants

Stewart

Comments

All BankersAreBarstewards Smith

15:00 PM, 8th January 2014
About 7 years ago

i doubt you can legislate as to what your tenants eat...... any such attempt to deny tenants a perfectly legal food choice could be seen as racist by some.....

could you wire in an an automatic extractor fan over the cooker that comes on when the main isolator switch is activated and which stays on 10 minutes after cooking ias finished ? it would also help prevent condensation

Industry Observer

15:01 PM, 8th January 2014
About 7 years ago

NO

Possibly

YES (would you like the wording?)

Tessa Shepperson

15:07 PM, 8th January 2014
About 7 years ago

a) No - apart from s21 where you do not need a reason but which can only be used after the fixed term has ended.

It could arguably come within one of the 'discretionary' grounds for possession but it is VERY difficult to actually get possession under a discretionary ground and frankly I can't see the Judge granting you an order.

b) Probably, assuming it is covered by the terms of your tenancy agreement

c) This would probably be considered an 'unfair term' as landlords are not supposed to interfere with their tenants use of the property too much. Even if it were not classed as unfair it would be difficult to enforce, other than by maybe allowing you a more generous claim on the deposit

Industry Observer

15:27 PM, 8th January 2014
About 7 years ago

Tessa

Would you like the wording?

Don Holmes

17:03 PM, 8th January 2014
About 7 years ago

The Mind boggles!
This can be a serious issue when people cook regular spices but as said above you cant determine what they eat and I am dam sure a judge would chase any attempt to terminate on the grounds of diet.
There is something known as "peaceful enjoyment" so it would seem from your regular visits and attempts at changing their culture, the tenant are enjoying neither?
It seems to me you are treading on dangerous ground.

Shakeel Ahmad

17:55 PM, 8th January 2014
About 7 years ago

How can it be an issue of race. People cook all kinds of food and this has little to do with their ethnicity.

As & when the tenants leave irrespective of use section 21. How long will it take to have the smell neutralised & as a result the there could be prolonged void period. This should be a commercial decesion.

I had bought a flat where the Vendor lived on curry, never opened the windows. I had to change the carpers, had three coat of paint, countless Lavender sprays. I use to open the windows ( I did not live ) in the morning & went there in the evening to shout & if it rained I had to dash to the flat every time.

A flat that would rent all day long took a while to rent as & when prospective tenants came they where hit with the pungent smell of course out of kindness some of them did not make any comment others did.

These, issues should be looked at with practical/commercial approach and not be confused with an issue of race .

We must also understand that as leaseholders we are responsible for the behaviour of the our tenants & if their actions affects other leaseholders who are also entitled to peaceful occupation.

Industry Observer

18:04 PM, 8th January 2014
About 7 years ago

@Don

A tenant is only entitled to peaceful occupancy/quiet enjoyment provided they fulfil their side of the bargain.

Not in terms of Ll barging in and throwing them out of course, but in terms of acting in a tenant like manner as defined by Lord Denning in Warren v Keen 1954.

The whole question revolves around the word that makes lawyers rich - "reasonable".

So is it reasonable for example that as in Shakeel's case the property was rendered uninhabitable by the tenant's actions.? The fact those actions were cooking and not trashing the place or having all night parties 5 times a week etc is immaterial. It is cause and effect.

Maybe you should all see my wording?

Don Holmes

18:35 PM, 8th January 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "08/01/2014 - 18:04":

Thank you for that quick lesson in property and tenant management I get that, but If you have more to say "in your wording" I am sure we would all like to see/hear it then lets hear it!

Shakeel Ahmad

19:08 PM, 8th January 2014
About 7 years ago

Apology for key board errors in my earlier posting e.g shout. It should be read as shut.

@industry observer: It was not the tenant it was the Vendor. However your point is valid.

Robert Mellors

19:20 PM, 8th January 2014
About 7 years ago

Reply to the comment left by "Industry Observer " at "08/01/2014 - 18:04":

Hi Industry Observer, I would like to see the wording please, could you post it on here?

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