Tenants Smoking in Non Smoking Flat – is it a breach?
I am a new B2L landlord and after 18 months of trouble free letting I now have a troublesome tenant.
I will be applying to court for a possession order via the s21 route as their 6m tenancy ends soon. However, I saw them smoking in the flat despite them completing the application and telling me they don’t smoke.
On my website it says no smoking but I did not include it as a special condition or additional clause.
They are also anti-social to the neighbours who have complained to me but nervous about complaining to the Council or police because they fear reprisals.
Finally they are messing me about with the rent but have not gone more than 2 months in arrears????
All comments would be welcome?
Thanks
Joe
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Member Since May 2014 - Comments: 7
1:22 PM, 28th May 2014, About 12 years ago
Thanks for all your comments – keep them coming.
Joe
Member Since July 2013 - Comments: 305
1:36 PM, 28th May 2014, About 12 years ago
Reply to the comment left by “Romain ” at “27/05/2014 – 19:51“:
Not sure I understand your comment. Why do you say … if smoking is allowed.
MdeB said ..I have a no smoking clause.
Member Since August 2013 - Comments: 883
2:25 PM, 28th May 2014, About 12 years ago
Oops, I had read too quickly it seems and missed the crucial ‘a’.
Thanks for pointing my mistake.
Member Since June 2013 - Comments: 704
3:01 PM, 30th May 2014, About 12 years ago
Any no smoking clause if challenged will alomst certainly be struck out by the OFT as an unfair term even if not a standard term in every tenancy an agent does.
As Sally said at the start it is the tenant’s home.