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  • HMO & Multi-Lets

    Tenant smoking in room

    Did some room inspections at weekend  - one room guy was away but gave permission to go ahead.  He had obviously been smoking in room and using an electric heater. 

    I spoke to RLA today re giving him a S21 as I would like him to leave, explained basically why smoking in room/using additional heating and also he is a bit of a pain. 

    In my AST it states no smoking in room and no additional PARIFFIN heating - the RLA rep said that it is difficult to police smoking in rooms and almost implied it was up to tenant as long as they didn't do in common areas. 

    I stated that surely if in AST no smoking that applied to bedrooms but she said if it got to court under a S21 it was almost a discretionary ground and judge may rule against me. 

    I did think smoking in rented accommodation had been banned a few years ago.  Anybody else come across this stupid situation where a rule can be in AST but seems to be OK to go against it??

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    I think you are confusing Section 8 with Section 21. I could be completely wrong but if you want to go down the Section 21 route then you don't even need a reason for eviction.

    Section 8 is where you need to show which terms have been breached and based on your example of hearsay that judge might use discretion - is the reason why most landlords don't bother. 

    You could in theory serve both at the same time so you have all areas covered.
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    Saagar

    Disclaimer: I have no legal expertise nor am I a qualified advisor on any subject. A humble landlord using an open forum to exchange ideas and experiences. 

    I should add.. I think having a dialogue with the tenant might be a better option. Sometimes a stern warning of consequences might be sufficient and save you costs because going down the legal route can be expensive. 

    You might be able to gauge from the dialogue with the tenant if you want to retain him or reaffirm your belief and you can still end up servicing the notice.
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    Saagar

    Disclaimer: I have no legal expertise nor am I a qualified advisor on any subject. A humble landlord using an open forum to exchange ideas and experiences. 

    Sadly I think it is true that it is only against the law to smoke in communal areas... but I too have a no smoking in the room clause in my tenancy agreements, and I do get very cross when this is ignored. 

    As a previous contributor has suggested, just serve a Section 21, while we still have them to use Sad

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    Section 21 is "no fault" possession, so if using it to evict the smoking isn't relevant.
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    I find the rla helpline not great.  they seem to advise against LL taking positive action, when what I want to know is the actual legalities.

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    There is a god!! Tenant told me this morning moving out in 2 weeks yay.


    Thankyou for all your comments and totally agree about talking to tenants.  I do this and normally not a prob but you always get one!!  I must be honest I found the RLA helpline so negative and agree totally in favour of tenant.

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    Great to hear that your problem is going to resolve itself soon.

    I had a similar problem with a tenant recently who clearly was smoking in her room but denied doing it.  I said I would issue her notice if I had any more complaints from other tenants in the house and this seems (so far) to have brought her back into line. 

    This is one of my main concerns about the government's plan to get rid of Section 21.  If I had to rely on Section 8, I think there's a good chance I wouldn't have been able to evict her. 

    I have scheduled a meeting with my local MP (David Gauke) in July to discuss my concerns about the impact this proposed change will have on both landlords and the court system (which he is responsible for).

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    No smoking signs on each room door?

    At least anyone moving in couldn't deny knowledge.
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