Tenants smelly cooking

Apologies for the delay I am still too busy to post the lengthy comments needed to accompany the clauses below which I share purely on an information basis i.e. don't be guilty of passing off offences!!!

More will follow in the form of general comment on the problem and related issues and the rationale behind these clauses, probably tomorrow

2.41 To be responsible for unblocking or clearing stoppages in any sink, or basin, or toilet, or waste pipe which serve such fixtures if they become blocked with the tenant’s waste, or as a result of the actions or inactions of the tenant (or his invited visitors or guests) in breach of obligations under this agreement.

2.42 The tenant agrees neither to keep any animals, birds, reptiles or rodents in or on the premises nor to allow his invited guests or visitors to do so other than with the express consent in writing of the Landlord, such consent not to be unreasonably withheld. The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given. In breach of this clause whether any consent was given or not the tenant agrees to be responsible for the reasonable costs or rectification of any damage caused or for any appropriate de-infestation, cleaning, fumigation etc., required - the tenant’s attention is drawn to clause 2.63 in this connection.

2.42.1 The tenant agrees not to smoke in the premises or any part of the property within which the premises are located nor to allow his invited guests or visitors to do so. In breach of this clause the tenant agrees to be responsible for the reasonable costs or rectification of any damage caused or for any appropriate cleaning, fumigation etc required. The tenant’s attention is again drawn to clause 2.63 in this connection.

2.56.1 If the Landlord decides that it is appropriate to engage the services of a specialist pest control contractor or
otherwise incurs any expenditure in relation to an infestation or suspected infestation, the costs of all remedial treatment and cleaning will be paid by the Tenant including any loss of rent to the Landlord and any liability to Council Tax because of any void period during which the premises or the property within which they are located cannot be re-let. This obligation falls to the tenant no matter when the infestation is discovered during the tenancy but especially if the infestation is only discovered near the end of the tenancy or after the tenant has vacated. Any such financial liability will continue until a new tenant has started paying the rent and also applies to any Council Tax charge the Landlord may incur as well as rent.

2.56.2 The costs referred to in 2.56 and 2.56.1 above shall be paid by the Tenant whether or not the Tenant has
committed any act or default causing the infestation unless the problem was acknowledged:-

i. by the Landlord as being in existence at the Commencement of the tenancy OR

ii. results from a failure of repair or other breach of this Agreement by the Landlord

2.63 To clean to (or pay for the cleaning to) a good standard, the premises, its fixtures and fittings, including the cleaning of any carpets, curtains (including net curtains), blankets, bedding, upholstery etc. which have become soiled, stained or marked during the tenancy including as per clause 2.56, problems caused by pests or vermin and any resultant remedial treatment and/or cleaning that might be required. The provisions of this clause will apply even where the landlord has given consent under clauses 2.42 or 2.42.1 in respect of the keeping of pets at the premises or smoking by the tenants or any visitors. The tenant agrees to provide, upon request, receipts to the landlord or his agent to demonstrate compliance with this clause.

Reply to the comment left by "Industry Observer " at "13/01/2014 - 10:31":

All very interesting but where is the reference to smells created by food?
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Reply to the comment left by "Tessa Shepperson" at "08/01/2014 - 15:07":

@Tessa,

Would this situation not be covered under the catch all "not to do or suffer to be done anything that would cause a nuisance or disturbance..." clause in either the lease or the tenancy agreement?

I experienced this issue once when I lived in a first floor flat in a converted house - the people downstairs cooked very strong curry (frying fresh spices and chillies) as well as kippers. They didn't have an extractor fan and refused to install one. We were all owner occupiers with a share of the freehold. It got to the point (after much unpleasantness) where I was about to instruct a solicitor - I had a few who were willing to take the case. Fortunately, they moved out first.

@Original Poster: is it possible to install a more efficient cooking extractor? Another practical solution might be to seal gaps in ceiling or floorboards where the fumes are escaping into adjoining properties (I used duck tape under my flooring to seal the gaps between my skirtings and floors in my flat). If your tenants are aware of the neighbours' problems, and are simply refusing to use the extractor fan, I would definitely serve a Section 21 on them as soon as you legally can.

Reply to the comment left by "Mandy Thomson" at "14/01/2014 - 18:14":

Any landlord can legally serve section 21 on any tenant at any time after the tenancy has commenced. However, a possession order can only be applied for at the end of the fixed tenancy period or two months after the section 21 notice has been served, whichever is the longer period.

I suspect what Stewart was trying to determine is whether there are any viable grounds to serve a section 8 notice in order to accelerate the period by which he could seek a possession order. It would appear that may be possible depending on what his tenancy agtreement says.

We continue to await Industry Observers suggested clauses and advice with interest 🙂
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Hi Mark,

Just thought you would like to know that this discussion has been cited by Imfuna as a topic for their blog:

http://imfuna.com/blog/smells-like-an-inventory-is-needed/

It's great that landlord forums are seen as a "barometer" of what is on landlords' minds. They are a great source of topics to inspire blogs and content generation as - tip to those who write blogs - the most up to date and relevant content is always the most relevant to the community.

Maybe it should be picked up by Defuma (ha ha)

Plagiarism?

Royalties?!!

Rest of my smells posting follows soon as I can apols for continued delays but this is not a good week. Mind neither wassecond half of last week!!

LOL!

The true purpose of the social web is all about sharing for the sake of sharing for the greater good.

You'll be paid back ten fold in ways you could never have imagined. 🙂

One way could be tenners that would be nice!!

Long as social doesn't include facebook and above all Twitter fine by me - 140 characters never enough for me!!!

Reply to the comment left by "Industry Observer " at "15/01/2014 - 12:21":

@Industry Observer - just to remind you that we are still awaiting your suggested clause(s).
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Industry Observer has sent me an email and asked me to post the following on his behalf. It's very helpful and I am grateful for him sharing his wisdom, however there is still no clause to add into the AST as was originally promised. Does such a clause exist?

Remaining comment from Industry Observer ....

"In training on this issue and advising offices when they have problems OR IF THEY ANTICIPATE THEM I usually state two things in this regard…

1. If you accept any family into a property of any sort of relevant cultural background you have to accept a certain amount of wear and tear that goes with that culture… I include the indigenous race here if they cook fry ups every morning and chips every night race has nothing to do with it in that sense it is all about cooking habits. But in reality those from an Asian origin are renowned for cooking with lots of spices and therefore such smells should be expected and accepted in the property within reason upon their vacation…..of course you cannot reject a tenant because of their race either.
2. In order to have half a chance at adjudication or indeed any argument about the fallout from the cooking if you are trying to charge a tenant for the smells they have left in the property, you must state on the inventory at the start of the tenancy what the property smells of….I find this easier to say what it doesn’t smell of, so I would normally say:
Property Odour: Neutral: No smells of cooking, pets or cigarette smoke

Or

Property Odour: Clear smell of fresh paint apparent, No smells of cooking, pets or cigarette smoke

This doesn’t then automatically give you the right to then charge for getting rid of any smells at the end of the tenancy, just like anything if the tenant disputes, this merely gives you at least a starting point to say it didn’t smell when they moved in - you then need to prove it does smell now should it go off to dispute and will be an adjudicators decision. I would never make promises to the landlord that he would be likely to win, only that I would put all in place possible to get a positive result.

If I had to prove a smell of cooking at the end of a tenancy, especially if at the checkout it was particularly strong to the point of being pungent and doubtless leading to cleaning of soft furnishings etc, I would ask say 2 or 3 as impartial as I could find people to attend the property and give me a smell rating on a scale of 1 – 10…i.e.: 1 is no smell at all…..10 being smell lingers on clothes when you leave. This would be the only thing I could think of which you could submit as evidence and ask the people to sign and swear it to be true in their opinion - probably stating their age, origin and what they do for a living in case this has any impact.

These two above can of course also be included as special clause but not as standard otherwise they can be challenged as UCT"
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