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  • Buy-to-Let

    Spurious allegations-Tenant libel damages

    My  friend a landlord and  a professional who also works apart from being a landlord  has had spurious allegations of smell in the property levelled against him by a banker who has just taken charge of the tenancy and It looks like he is trying to use thia as a way of  trying to get  out of the contract.

    Two estate agents have independently confirmed thst there is no smell.

    Does anyone know of the banking code of ethics and is there a possibility of charging false accusations/libel  damages(to landlords reputation) against these false claims?

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    From what you've written -

    Why is this being taken personally?

    Isn't the tenant just saying that he can smell something?

    Okay, two estate agents say they can't smell anything but maybe the tenant has a particularly acute sense of smell?


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    From what was mentioned the tenant wants £100/night for every night that he is spending outside the property(although he has moved some of his belongings in)he hasn’t moved in himself.


    it looks like he has changed his mind and hence the reason for trying to use the “smell” as a way of getting out of the  rental contract.


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    If they are false claims then you will have to prove them false. In any event it’s not defamation as nobody is having their reputation traduced. I suggest you focus on the actual smell claim rather than trying to mount some form of collateral attack

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    As your friend's tenant is unlikely to be occupying the property in his role as banker, then I would suggest it is irrelevant what the tenant's job is.  Your friend would need to be wary about raising and"dispute" with third parties that are not relevant to the issue (i.e. the tenancy agreement) as he may get into trouble himself (think of GDPR for a start!).

    Your friend would be best being sympathetic to the tenant's concern and having an open and amicable discussion.  There may be a problem with the property or it may be external (I have some houses in the shadow of an oil refinery which can generate some weird aromas when the wind blows towards us).

    I don't think it is in your friend's interest to get legal or overly judgemental.

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    Sounds like the guy just wants to get out of the tenancy. I would say” give me a months notice and you can leave, regardless of the original agreement”

    no point in legal arguments and bad blood. Get the place re let and get on with your life.

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