Tenant’s son is smoking in bed?

Tenant’s son is smoking in bed?

0:02 AM, 17th October 2024, About a month ago 20

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My tenant has been with me for over 10 years. When she moved into the premises she had two children who are now adults in their 20’s. The daughter has left home but the son has continued to live in the property.

On carrying out some checks in 2021 it was discovered that the son was smoking in bed and I sent her a strongly worded letter asking that he did not smoke in the house otherwise this would result in an eviction as it was against the tenancy agreement. I did not pursue this as I assumed (wrongly) that my tenant would adhere to my request.

We have visited the property on several occasions but have never been able to access the son’s bedroom as he spends most of his time in bed.
Last week the gas check was carried out but as the boiler was showing a loss of pressure, the gas engineer needed to access each room to make sure there was not a leak on any of the radiators.

He entered the son’s bedroom having to use some force to open the door as the son would not answer. The son was in bed asleep, the room stank of smoke and it was quite clear that he was still smoking in bed.

Am I within my rights to tell the son he needs to leave my premises? He is not on the contract.

Thanks,

Eady


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Rosanne Turvey

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16:59 PM, 17th October 2024, About a month ago

Reply to the comment left by Nikki Palmer at 17/10/2024 - 10:54
This tenancy is over 10 years old when RTR did not exist

Jason

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17:16 PM, 17th October 2024, About a month ago

Reply to the comment left by Rosanne Turvey at 17/10/2024 - 16:58
Smoking in bed is the tenants health and safety issue not the landlord’s. If your insurance doesn’t cover smoking then you better get that sorted. Even if it is in the tenancy good luck trying to enforce it. S21 over this in my view is a “no fault” eviction. I don’t like smoking or smokers but I wouldn’t tell a tenant not to; especially after 10years of no issues.

Cider Drinker

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20:40 PM, 17th October 2024, About a month ago

Make sure the rent is increased to reflect the increased risk. Other than that, chill out.

SimonP

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22:53 PM, 17th October 2024, About a month ago

These people saying to leave the poor boy alone, presumably wander onto public transport, shops and other buildings that state "No Smoking" and light up their fags (no offence intended to fags) 'cos "what harm can it do?".
NO SMOKING means NO SMOKING. And NO PETS means NO PETS. Got it?

Jason

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8:41 AM, 18th October 2024, About a month ago

Reply to the comment left by SimonP at 17/10/2024 - 22:53
I don’t like smoke either. It’s not a public place it’s HIS room (weather you agree with that or not). But you would issue a S21 over this? A 10 year tenant that assuming has been paying the rent in full and caused no other issues; where you would need to put new carpet and paint after they leave anyway. Risk potentially them stopping paying rent and having to go court. All extra fees of a minor breech. Seriously? Be real there are worse or bigger tenant issues. Speak to any landlord that has had to go through a full eviction I bet you any money they would swap situations any day of the week. Turn a blind eye and just make sure you are covered if there is a fire.

Richard

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13:33 PM, 18th October 2024, About 4 weeks ago

Had a similar issue- eventually they left and had to redecorate the whole house, change all the light fittings and sockets as they were all yellow. Obviously new carpets etc. Basically there is very little you can do other than evict them and relet or even better sell up. At least they haven't got a big arse dog! The way the rules are going renting out is becoming even more of a lottery where everyone has rights except the owner of the property! We have to do useless electrical checks when smoking in bed is the greatest fire risk, yet you would be very lucky to enforce this in court.

john luckit

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7:40 AM, 19th October 2024, About 4 weeks ago

Leaving human toll/issues aside.....If smoking did cause a fire and the whole property burnt down you may not be covered by insurance = complete loss to landlord. Suggest check tenant agreement re smoking within property and check insurance clauses. We had similar situation it was either evict or sell and, rather than risk losing everything, we sold

Carchester

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9:24 AM, 19th October 2024, About 4 weeks ago

Court and judges rarely, if ever act upon breaches of tenancy agreements. They will ignore them unless they have anti social behaviour elements that are likely to affect the public and have been continually breached.

Any aplication to the court for eviction on the grounds of smoking 9irrispective of what your TA states) will be doomed to failure. SHELTER and GENERATION RENT would seize upon it and make you out as laughing stock.

Don't give them the opportunity to sully yet another landlord.

Carchester

john luckit

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12:55 PM, 20th October 2024, About 4 weeks ago

What's in the tenancy agreement? because, if there is 'smoking not allowed' you might want to remove this clause in the hope that, as Elo said, you might be able to find insurance that will cover smokers.

Rosanne Turvey

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15:27 PM, 20th October 2024, About 4 weeks ago

Reply to the comment left by Elo at 20/10/2024 - 12:02
How dare you criticise me! Who do you think you are? I have been a landlord for over 20 years and own numerous properties. All my properties are well kept and I look after my tenants. They have all been with me for over 10 years and I like to keep it that way. I have never given anyone Notice to Quit and I leave my tenants to enjoy their home and only contact them when there is a gas check etc to be done. I haven't put any of their rents up for 6 years and have only just started to do so because of the high interest rates. My properties are all high quality in good areas and are still a third of the price of other rentals. So don't accuse me of being a heartless, controlling landlord! My main concern and worry is that he is smoking in bed - this could be a death trap! (And yes, for your information, I do have smoke alarms). I don't care if he smokes anywhere else in the house, I am well aware that when he leaves I would refurbish the property.
I have asked him politely to not smoke in bed and he has continued to do so.

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