Indicated NO SMOKERS to Agent, now I have a smoker in a newly decorated flat

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    #16
    Thanks, yes fortunately I had stated in the contract for the tenant to pay for a full industrial clean on move out. But as you have mentioned this doesn't cover the smell or having to repaint ceilings and replace smelly furniture.

    It also states 'NO SMOKING in the property at anytime' on the contract they have signed.

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      #17
      FWIT: I was in court last week for possession (oops) I mean to request possession of a room and to request payment of rent arrears. I also asked the judge for £250 towards redecorating and cleaning becasue of smoke smell and yellowing of paint, curtains etc. T didn't turn up and I got my £250! I should have asked for more

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        #18
        Well done Berlingogirl!! Silly tenant!!!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #19
          Originally posted by Matthew_1000 View Post
          Thanks, yes fortunately I had stated in the contract for the tenant to pay for a full industrial clean on move out.
          Unfortuantely that's another potential unfair term as all a tenant is required to do is to return the premises in the same condition as at the outset less wear and tear, and no more.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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            #20
            I asked the agent who I paid a finders fee for to warn the tenant, this is what they replied:

            As we do not manage the property, we cannot speak to the your tenants regarding the upkeep.

            It does state clearly in the tenancy that no smoking is tolerated:

            2. The Landlord grants the Tenancy of the Property to the Tenants upon the condition that the Tenant will not smoke or permit the smoking of any tobacco products within the Property or upon the Premises. (As of Page 3)

            11.5 Clean, pay for or compensate the Landlord for any damage caused to the Property, furnishings, furniture, fittings and Equipment as a result of the smoking of any tobacco products at the Property.

            11.6 Pay for the costs of deodourising the Property, furnishings, furniture, fittings and Equipment to remove all cooking smells and any other odours. (As of Page 10)

            You may want to advise them of the above and your suspicions.

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