Can I Stop My Tenant From Smoking?

Smoking tenants

Smoking. I don’t get it (and nor should you!) *wags finger*

I remember trying my first ciggy at the tender age of 14. I was in the midst of a tragic family holiday in Magaluf (my parents were blissfully unaware of Magaluf’s reputation). Great holiday.

I wasn’t peer pressured into taking my first puff (which seems to be a common justification), but I was surrounded by people my age that seemed to enjoy it, which led me to give it a whirl.

My first draw was pretty stereotypical; I choked, screwed my face up like I was sucking lemon, and my initial thought was, “what the fuck is this revolting shit?”

I genuinely couldn’t fathom why people were doing it (and still can’t to this day). It didn’t taste of anything but smoky ash (weird thing to say, I know… but I expected more); it gave me a head-rush, and I almost sliced my tongue in half during my coughing fit. I expected better! I expected my taste buds to extract at least one enjoyable fruity flavour from the cocktail of fumes. My confusion only grew as I got older, because I started to get educated about all the negatives and the distinct lack of a single positive.

As a non-smoker and anti-smoking activist, I can detect the scent of smoke quite easily, even from someone that consumed a cigarette several hours ago. It’s a “trick” that smokers seem to be phased by. From my experience, most smokers are generally delusional to how potent the smell of cigarette smoke is.

My ex used to lie about smoking all the time, which made for very amusing encounters. “You’ve had a cigarette, I can smell it all over you”

She would then sniff her fingers and shove them under my nose, “No, I haven’t…here, smell them”

Of course, it reeked of smoke, but she was oblivious.

I despise smoking, but not only for the health risks, but also for the destructive risks they cause for landlords. Smoking increases the risk of fire and the long-term smells and stains they leave behind can be detrimental to future lets. Not to mention, removing the trace of smoke can be an expensive fix.

Can I stop my tenant from smoking?

In reality, there’s probably nothing a landlord can do to stop a tenant from smoking in the property, even if the tenant signed a tenancy agreement which states that smoking is not permitted inside the property. The landlord’s grounds to evict the tenant for breach of the lease (Ground 12: The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent.) are enforced at the discretion of the court, and a court is very unlikely to grant possession because the tenant is smoking in the property, especially if the tenant is paying rent on time. As far as I’m concerned, the law definitely needs to change. But at this point of time, it’s probably not worth trying to go down the legal route if you want to evict your tenant for smoking inside the property. You’ll most likely end up throwing money down the drain.

Easyroommate.co.uk conducted a survey which found that 38% of private landlords would evict tenants who smoked inside their property to rent. However, I doubt any of those landlords actually have evicted a tenant for that reason.

In the event where you have caught your tenant smoking inside, or you suspect they have been, the best approach is to ask them to only smoke outside. Nicely, of course.

Can I use the deposit to pay for damages caused by smoking?

You may have grounds to use the deposit for a professional clean at the end of the tenancy to remove any stains caused to interior walls and fabrics by smoking. However, in order to enforce this, you may need to rely on a good inventory which was drawn up at the beginning of the tenancy. Otherwise it may be difficult to prove that the damage was caused by the tenant. Of course, if the tenants are decent human beings, they could just accept liability and cover the expenses.

Ways to prevent tenants from smoking

As said, it’s extremely difficult to prevent a tenant from smoking inside the property, so the best solution is to try and tackle the problem at the early stages- during the tenant finding stage. Essentially, finding a tenant that doesn’t smoke is the best solution (but even that can be tricky these days).

  • Ensure that all your adverts clearly state that you’re looking for NON-SMOKING tenants only
  • During the viewing, ask your tenants if they smoke, and remind them that smoking is not permitted inside the property
  • Most tenants know that most landlords are looking for tenants that don’t smoke, so they will often bend the truth as their choices are limited otherwise. In this case, try and look for signs for smoking habits during the viewing. As said, the smell of smoke generally grips onto clothing and hair for its dear life, so it’s incredibly difficult to mask.
  • While it may prove to be futile, it’s still worth putting a clause in the tenancy agreement which states that smoking inside the property is not permitted. It’s also worth going through all the clauses with the tenant just before they sign the tenancy, so they’re reminded of the clause.

Smoking in shared houses (HMO’s)

The regulations for smoking in HMO’s (House with multiple occupancy) somewhat varies. The Smoke-free (Exemptions and Vehicles) Regulations 2007 make it an offence to smoke in the shared parts of residential premises. This could include hallways, corridors, kitchens, bathrooms etc.

Do you allow these filthy cretens (which they are, in my humble opinion) to rent your property? Also, have you had any experiences regarding this issue? If so, share, please :)

70 Join the Conversation...

Showing 20 - 70 comments (out of 70)
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Benji 15th August, 2012 @ 17:06

Maria,
I did say "Slightly out of context admittedly".
It looks like Oscar was right.

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Lee 24th August, 2012 @ 13:44

I will never get why people smoke and i have to agree that smoking inside is wrong if you do not own the property. The best way to deal with it is kindly and politely. Not in a aggressive manner. If you ask nicely and point out that you don't like smoking, hopefully they will listen and keep their death sticks outside.

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bids that give 26th August, 2012 @ 10:24

I personally don't mind if my tenants smoke or not but i do get the argument. Smoking is a disgusting habit.

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Jeremy 29th August, 2012 @ 22:52

@Landlord

Ask for tenants who have no fingers or thumbs. I think it must be really difficult to smoke if you haven't got any fingers or thumbs. How do you hold the little stick of death? How fo you light it?

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Armin 30th August, 2012 @ 08:35

You are all missing Landlord's real intention.

This attitude ties in with Landlord's sex-for-rent scheme. Can't say that I blame him, who wants to kiss someone tasting like an ash tray?

By disallowing smokers as tenants Landlord is simply increasing his potential breeding stock.

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Jeremy 30th August, 2012 @ 22:24

Hello Armin,

Of course, how stupid of me

But Landlord really needs to explore doing things differently. If he had smokers as tenants and did the sex-for-rent using the doggie position, he'd not need to do any kissing.

And he could even rest the rent book on the small of her back, so he could complete details of the deposit at the same time.

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Peter 31st August, 2012 @ 11:46

As an ex-smoker I totally agree with Maria:

It stinks (everywhere).
It is a health hazard.
It is a fire hazard.
It increases maintenance costs.
It devaluates the property and furniture.
Oh, and did I mention that it stinks?

I don't care when people want to ruin their own health, as long as they do it in their own area. There are enough smokers who rent out apartments.

We have always put in clauses that prohibits smoking anywhere in the building, even in the apartment they rent.
They agree with professional cleaning of the apartment, which is roughly EUR 1000 these days.
In our new building we have installed smoke detectors everywhere.

Get a good lawyer who draws up the contract and you'll be OK.

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ruphilyn 17th October, 2012 @ 11:56

Well, for me you can't just stop your tenants from smoking but you can give them a space or a place where they can smoke not just anywhere around the property but a designated place to smoke so that you can prevent any damages it will cause to your property.

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Smoker 21st June, 2013 @ 15:52

As a smoker, I have to fill in a few key points.

First of all, No smoke alarm will ever go off due to cigarette smoke, unless you were smoking like 5 at a time, and blowing smoke directly at it.
In any well ventilated room, ie one with an open window, the level of smoke is simply undetectable by them.

The flat I currently rent has a combination of ionising and optical smoke alarms fitted in every room except the bathroom, and the kitchen has a heat detecting alarm.
Even in winter, with the windows closed They have NEVER gone off due to smoking.
Burnt toast on the other hand, produces an almost instant reaction.

The other points I do however agree with.
It is an increased fire risk, particularly from morons who smoke in bed. (Personally I like to keep my bedroom door closed and smoke free anyway)
At the end of each tenancy, I will generally wash all of the walls and ceilings with sugar soap, rent a carpet cleaner to clean carpets to prevent the landlords needing to have them professionally cleaned, and air the building by opening literally every window for about a week before I vacate.

I have never caused a fire, and have never had any deposit withheld, even in flats which clearly stated non smoking in the AST agreement.

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Rachel 30th August, 2013 @ 13:56

Dear landlord,

I am renting a flat that was advertised for "non smokers only" however the downstairs neighbour smokes like a chimney so consequently my flat absolutely stinks. This neighbour is home all day and has a lovely outside area which he never sets foot in.

I asked him very nicely would he consider going outside which he did all for of 5 minutes but it is bad as ever again. I have spoken with the landlord who is not happy with him smoking and he has also spoken with him. He did however inherit this tenant so I would like to know if anything can be done legally as ive told the landlord that his advert was misleading and he can't rent out one flat to a non smoker and allow the downstairs neighbour to carry on smoking as that will never work.

Im sick of hearing what can't be done especially when I have to go and stand in the street at midnite just to be able to breathe as the selfish, inconsiderate git smokes in his bedroom also.

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Dave 12th September, 2013 @ 20:25

I thin k you all want to get off your high horse. You come across to me as being a powermonger that tries to bully your opinion on others. You don't like it?? then don't do it in your property. However If you are renting a property to a tenant or not you cannot restrict their lifestyle and by law whether there is a non-smoking clause or not in the tenancy, it contravenes a humans right to smoke if they chose to. You can stick as many clauses as you want in but ultimately there is not a thing you can do about it. I find it insulting that you would even attempt to persuade me to live my life any way other than the way I choose to. Any decent tenant would give a property a full clean down after use no matter how clean or dirty it is. People like you just infuriate me with the whole "I'm better than you and you should follow me" attitude. Grow up and get a hobby or something!!

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BilderbergRothschild 15th September, 2013 @ 00:38

This article is an exercise in condescension from the middlemen of a nanny state. The author is a little pussy who'll die before most smokers due to the high probability he wipes his dick with dettol before and after a wank.
It would be more relevant to ban the drinking of diet coke or consumption of canderell but being such a little bitch of state, he wouldn't comprehend why I said this.
Mind your own business and stop assuming that a pissy property market, and an inheritance bestows any 'right to dictate', you money grabbing Bourgeoisie ballbag.

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Frank 15th September, 2013 @ 20:17

@ BilderbergRothschild

Let me guess, you're a smoke-addict as well?
To be Frank, I do not understand why you this, or anything else, for that matter.

Smoke and smokers stink (everywhere).
Smoke and smokers are a health hazard.
Smoke and smokers are a fire hazard.
Smoke and smokers increase maintenance costs.

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BilderbergRothschild 15th September, 2013 @ 22:56

Never smoked in my life Franky, (I will let you 'be Frank') but I have an issue with self-righteousness posing as fact - if you cared about a tenants health etc, you would approach them on terms they understood and could relate to, but instead you passively insult people with terms a fanny like you would find offence in, like 'stink' :/
Well a stinking little pussyhole like you tends to find some weak legislation to hide behind because you don't have the mental or physical fortitude to say 'this is my opinion and I will defend it'
Fact of it is, you are a cunt.
You've not achieved anything but have inherited a luxury most people work their entire life for, essentially, your life peaked when your parents died.
That is pretty fucking pathetic.
Plus, Frank, you lack the general intelligence to form a sentence "why you this, or anything else for that matter"
Leeching fucking idiot

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oekldew 20th September, 2013 @ 19:15

Treating them like human beings and not calling them filthy would be a start. Just politely ask them to smoke outside it's not hard.

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Stace 10th October, 2013 @ 19:36

Dear landlord,

I found this article whilst googling whether tenancy agreements should explicitly refer to smoking, and, if not, whether smoking was implicitly allowed.

Instead of some helpful forum, I found this page of self-righteous rancour. I read on, fascinated.

Smoking creates wrinkles, can cause mood swings (because of withdrawal) and it can repel people who don't agree with it. And you know what else does all that? Being an insulting doctrinaire.

Therefore, please be advised that you are free to advertise clearly and loudly that you do not want smokers to inhabit your flat. You can even include it in the tenancy agreement and call it a breach of contract.

Although, in all fairness, you might have to ask yourself: would it be better if your property smelled of smoke or smugness?

I suppose you might want to assess the bias of the above. Yes, I am a smoker, and no, I don't smoke inside. Also, I am certainly aware of whether myself or others smell of smoke. I have not forsaken my "useless" sense of smell.

Finally, YOU, dear fellow are the kind of guy who called every single one of your smoker friends (assuming they exist), on the day of the smoking ban and invited them out for a pint (indoors), to gloat. You might want to drop the bigotry and chill a bit, landlord.

Sincerely Yours,

A tenant and filthy cretin (spelt with an "i", you creten)

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Cello-Tenant 11th October, 2013 @ 20:23

I am a smoker. I am a tenant. Like many people who fall into this category, I respect the fact that most non-smokers find my habit offensive. So I don't smoke in public places or in the company of non-smokers. I do smoke in my home - it may not have my name on the title deeds, but it is MY HOME by written agreement. I smoke outside during the summers months, I restrict smoking to one room in the house, and I leave the window open whenever possible - even in the winter. I repaint the room in which I smoke every 12 months, I keep it clean, and I wash the curtains every couple of months.

Your bigoted attitude is reprehensible. I'd feel inclined to break my no smoking around non-smokers rule if I met you in person. If I'm going to be labelled a filthy cretin by someone who knows nothing about me and is happy to form a strong opinion about me based on one thing about me, I might as well play up to the stereotype. Perhaps that is why you find smokers so vile: your holier than thou attitude makes it irresistible to spark up and blow a smoky raspberry at you.

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Current Tenantave 26th November, 2013 @ 08:56

I am a tenant in a block of residential flats - we have a no smoking policy which is great but due to partly darkness, partly somewhere to sit and the fact that the front step to the building has a light and is more comfortable - the smokers are sitting on the step and smoking

I don't mind this and I am happier that they are safe, BUT every week I have to clear up cigarette butts from the garden, the drains and the front step is being used as an ashtray - we provided sand buckets but it is seemingly too much effort to use the buckets as ashtrays and the step looks disgusting

I have to go through official channels which makes more of an issue due to snotty official letters - but short of putting up a note to ask nicely to not use the front step as an ashtray (and yes I have to pick words carefully or alienate people)

So my question is this - how far away from a building are smokers supposed to stand? Can this be used as a more official way to ask them nicely to care about the building looking nice for visitors and to just stop littering the grounds

Apparently as a non smoker it is my job to put up with it not the smokers job to clear up after themselves

Any advice would be appreciated

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Jaroslav 4th January, 2014 @ 12:50

After reading the discussion, I have decided to rent my property to non-smokers only. The reason is that I do not want to deal with people who have the attitude as described below:

"Fact of it is, you are a cunt."

"Go on have a fag, it might chill you out."

"banning smokers because you despise smoking and believe it is a destructive lifestyle is just being a power crazy control freak."

"No shagging on a Sunday?"

"you passively insult people with terms a fanny like you would find offence in, like 'stink'" - I am sorry my friend, but the smoke really stinks, that is a fact.

"Well a stinking little pussyhole like you tends to find some weak legislation"

"I'd feel inclined to break my no smoking around non-smokers rule if I met you in person."

"The author is a little pussy who'll die before most smokers due to the high probability he wipes his dick with dettol before and after a wank."

"You come across to me as being a powermonger that tries to bully your opinion on others."

"This attitude ties in with Landlord's sex-for-rent scheme."

"you being just a tiny bit power crazed."

"Treating them like human beings and not calling them filthy would be a start." - Please read the quotes above, and see how often they refer to genitals or intercourse. I am sorry to say that, but filthy is the correct word for certain human beings.

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I always ask nicely 5th January, 2014 @ 10:54

Indeed - As a reasonable person - I posted here a few weeks ago, happy to report that just asking the smokers to not smoke at the front of the house has made all the difference - visitors now don't have to walk through the dirt or bring it inside. It only took 6 months of asking but at least we have a resolution and I am prepared to turn a blind eye to mess at the back in exchange

Just to be clear though, I don't despise the habit of smoking but I do despise the habit of littering

What you do in your own home is up to you but in a public place - have some respect for others - I know plenty of smokers who agree with me and aren't like this at all

So please - smokers - stop being so defensive and just take responsibility for any mess or litter you may leave behind you - I would expect the same if you saw me spit my gum out on the front step or drop litter that is considered to be litter on the street - but I wouldn't feel persecuted as many people seem to when you ask them nicely to stop doing things as it is fair enough - I am also emotionally mature enough to accept that some of the shit I do is not acceptable to everyone and I chose to live in a shared block of flats so there is a bit of give and take in this life hey?

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charles 26th August, 2014 @ 05:16

I kind of want to call you all bigots. I just discovered this site and it is due to be the subject of a peer reviewed psychological paper any day now. Even the avatar I can choose for tenant reeks of the smug superiority a place like this cultivates.

The people who give you money also give you their trust WHETHER THEY WANT TO OR NOT. You people who happen to be in the situation of renting to those you obviously see as less fortunate, have the power to violate that trust, and there is little or nothing the tenant can do to stop you.

IT IS OBVIOUS YOU SEE THIS AS A RIGHT

The social contract dictates something paid for is something owned. There is a reason there are laws you have to follow set in place to protect the people who pay your bills and put food on your table.

Because some of you are bad people.
Also, please remember. No one thinks they are a bad person.

Think about how easy it is for you to take advantage or someone not familiar with the laws and regulations that you are immersed in every day. Now think about how HARD it is for that person to take advantage of you. Shy of intentional vandalism which is obviously against the law there, there is really no way for them to get one over on you.

Yet right now I bet you are scrolling through your arsenal of ways to hurt your tenants. Weak spots that they simple can do nothing about. Shy of spending money on a lawyer and time they don't have defending accusations, late fees, repair costs, whatever else I'm ignorant of.

I understand businesses need to make money. I also understand it may be difficult to do that when there are bad people and bad renters out there. I don't know who I am speaking to here but it seems like the majority of low income renting has horrible reviews and i would say 80% of those are simply management and repair complaints. People finding out 5 months later that some 580$ fine is due, or people having appliances/ac that don't work for the entirety of their stay.

If you think it is going to cost more charge more. Don't make it appear like it is an affordable location... These people renting these places simply cannot afford it and it will most likely lead to more costly issues down the line, in respect to both parties!

Most of these articles and comments make me want to throwup and somehow become god so I can put people with a sense of morality in charge of owning the places other humans live.

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A tenant 26th August, 2014 @ 13:10

lol hardly a bigot for just requesting that people don't litter outside a shared block of flats - if I order takeaway pizza every night it is up to me but if I left my pizza box for others to clear up every day outside the front door complete with pizza crusts I would expect people to feel ok about asking me to stop instead of worrying how to least upset me

The trouble is - most people feel persecuted when challenged instead of just taking responsibility for certain things in a shared housing situation - you'd think that in that situation people would all have some thought for others - signing a contract saying don't smoke inside and then doing it anyway because you can't be bothered to go outside to smoke = asking for it IMO

Funny how (in my experience) it always seems to be the same people that have people complaining about them and the same people jumping to call everyone else the person with the problems rather than just having a look at what it might be that upsets everyone so much that you might be doing and taking stock - not like people aren't being asked nicely to not smoke or that there aren't rules about smoking in these situations

I am a tenant and yes I've been fupped over by landlords re deposits but on rare occasions - its generally not the landlord that makes it an unpleasant place to live in a shared building full of people not caring as much as they don't own said building - some people just don't care

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Tom 19th October, 2014 @ 13:09

I rented a room in a flatshare under a no smoking contract, and then the landlady put one of her old friends in here who is a drunkard and a chain smoker. the flat stinks of cigs all the time. I complained and she said he can smoke in his room.

surely if we have all signed a contract that states no smoking then this isnt acceptable? cant health mob from the council do something??

i dont want to pay my rent having to smell this alcoholics smokey stench everyday. it fills the flat.

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Zetita 24th October, 2014 @ 14:05

I am a smoker and I know how bad the smoking smell is inside a house. I hate it. But evicting somebody for smoking is, IMHO, out of bounds.

What you should do instead of being so bossy, is just add a clause to the contract stating that the property MUST be professional cleaned after tenancy and that will solve your problem. I never lie about being a smoker, but I do ask for that clause in the contract myself as tenant, cause I want to leave a property in the best way. I never had a problem so far...

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Smoker 24th April, 2015 @ 09:25

Maria,

I know this is a very old post but I just wanted to say that you have no right to call smokers filthy. I have met many non smokers that are far more dirty and smelly than smokers.

I would rather smell a bit of stale smoke on someone than the foul BO mixed with their unwashed clothes that I get every day on the tube.

Stop dreaming about those penises that keep going floppy on you and while your at it stay away from all open spaces and any where that we can smoke, we wouldn't want you to smell like us, people may actually think you are a normal person.

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Daniel 3rd December, 2015 @ 15:39

It's an interesting topic raised that is relevant to myself.

I am in my third rented London property now and have smoked in all of them, despite the tenancy agreement clearly stating that smoking is not permitted. I suppose the individual circumstances of each property dictate where it is acceptable or not, given one was a basement flat (with a door 10m away), one was a 2nd floor flat (with its own patio) and the flat I live in now is a 3rd floor flat that would involve walking down 50 steps to go out the front and would disturb all neighbours en-route, given the layout of the property and my insomnia. The first 2 were laziness. The current is necessity IMO.

To me, I think it's just give and take. If like us, you are happy to do the property up yourself without recompense because you want to live in a nicer flat, but you break the tenancy agreement by smoking, I think it's fair game. If my landlord knocked on my door and served notice for smoking after how much value we have added to the flat (over 3 years) then I would probably chin the schmuck.

If you smoke and treat the property like it's a place of squalor, causing damage in the process (ie. fag burns) then I have sympathy towards the landlord.

However, if 'A Tenant' was my landlord, then god help me. You come across as a douchebag.

Mister B.

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Eve 3rd December, 2015 @ 16:47

@smoker

Try to read. Nowhere does Maria call smokers filthy. She refers to smoking, and smoke. Although I smoke myself (every now and then), I totally agree.
I never smoke at home. And my family and friends are not allowed to smoke inside either. EVER!!

There are enough Landlords who smoke themselves. Why not rent with them, instead of ignoring the clause in your rental agreement?
In court you will definitely lose!

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Julie Meniai 3rd August, 2016 @ 11:16

Very simple law: If Tenancy agreement says nothing about smoking then it is legal in our own homes. End of story.

Btw do all Non Smokers have no bad habits? - all perfect eh?

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Jacky 4th November, 2016 @ 19:30

Oh, but 99,99% of all rental agreeds DO contain a clause.
And all you need to do is to stick to it, or to rent somewhere else.
And yes, although I have smoked, stopped and resumed - it IS avery filthy habit. Apart from being a very serious health hazard for the smoker, but also for others in the same room.
We develop rental projects, and we charge for complete cleaning of the apartment, and, if necessary, painting.
We also have a very tough lawyer, s e are not worried.
Have a good weekend!

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Lewis 15th May, 2017 @ 13:02

This is bullshit!

I bet you vote Tory!!!

Only a Tory dictates how other fellow countrymen should live while turning a profit.

If you want free money - you will allow humans to be humans, you spoilt little cunt!

You are not a GOD, you are a Tory man/woman who has inherited or bought a second home (raising the price of homes for the next generation) so you can "make money" based the fact your work doesn't provide you with enough income.

So no - you don't get to dictate if people can "smoke" you stupid little man.

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The Landlord 15th May, 2017 @ 14:00

@Lewis
Nah, I actually despise the Tory party and what they stand for.

My politics are in line with Lib-Dem/Green party, but for strategic purposes, will probably vote for Labour. I like Corbyn.

In any case, smoking kills.

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Maria 15th May, 2017 @ 20:55

@ Smoker 24th April, 2015 @ 09:25

Just read your 1st grade text.
I'm sure Donald Drumpf will offer you a job instantly!

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Maria 15th May, 2017 @ 21:00

@ Lewis 15th May, 2017 @ 13:02

Lewis, Lewis, Lewis,

But of course owners can decide whom they want to rent their property to.
When you want to smoke in your house, then why don't you buy your own property?

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Lewis 16th May, 2017 @ 09:12

@ Maria

Because they aren't £20k for 3 bedroom houses for my generation as it was for yours.

Hence why we all live out of rooms while you lot sit there pretending like you don't get it.

We don't have houses because your generation all bought 6 each and sold the rest to outsiders.

If I want a 1 bedroom flat - it'll run me around £150k in Bristol. You got 5 HOUSES for that.

Now you want to dictate to fellow citizens what they can and cant do in the comfort of their own home? That's extremely ignorant.

Not even the local councils impose those restrictions. Only our fellow citizens.

My advice - if you and your generation sell everything. Me and my generation wont be bothering you about "pets & smoking".

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Maria 16th May, 2017 @ 17:16

@ Lewis

We all have choices. I (and much of my generation) spent and spend money on property.
You obviously prefer to blow it up in smoke, and to ruin your health at the same time.

Enjoy it while it lasts, and you[re still able to climb the stairs .....

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Benji 17th May, 2017 @ 07:47

https://www.thesun.co.uk/news/3503143/council-tenants-could-soon-be-banned-from-smoking-inside-their-own-homes-in-bid-to-protect-children/

Smoking should be banned in all new council houses to protect children from harmful second-hand smoke, a public health chief has said.

Anti-smoking campaigners consider smoke-free housing to be the next major frontier in reducing the harmful effects of passive smoking.

Impact of smoking on lungs
“Housing associations and councils are looking at smoke-free housing buildings. Where children are involved I think there is a real case for it,” Dr John Middleton, president of the Faculty of Public Health, told The Sunday Times.

Dr Middleton said he believed housing association residents should sign contracts which would make non-smoking a condition of their tenancy.
“You wouldn’t evict a load of tenants for smoking. Where you have got new premises, you could have smoke-free agreements from the start," he said.

In the United States, the Obama administration passed a federal law which banned smoking in all public housing - the equivalent to UK social housing - in November last year.
The legislation, which will come into effect in August 2018, will affect more than million homes. In New York alone, which has the largest public housing agency in the country, 400,000 people will be bound by non-smoking agreements.

http://www.independent.co.uk/news/uk/home-news/smoking-banned-council-housing-faculty-of-public-health-a7722726.html

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Just a tenant smoker 4th December, 2017 @ 17:37

Hi to everybody,
yes, still someone is reading this article also if is past lot of time.
I have actually a question for you because I am not english native and I can't understand very well what the law say about my exact situation.
So, here the facts:
1- I rent a room in a shared house, and during my searching, I put "smoking OK" as filter, because I am a smoker.
2- I off my cigarette just before enter in the home, when I came here to visit it, so, the smell of smoke, should be very strong, and off course the lady that showed me the home, knew that I was a smoker. But during the visit, nobody told me that is not possible to smoke inside.
3- I pay all my issue, I sign the contract, and in the contract is not write anything about smoking policy.
4- only after, is came out, that is not possible to smoke inside, but that I should smoke outside. In that moment I complain, because the smoking policy was actually the 90% about my reason to choice this room and not something better. (This is an ensuite room). After my complain, the lady told me that it is illigal.
5- I went to check what the law say about it Reading here, and in other websites, I got that is illigal to smoke in the share areas, like kitchen, bathroom, hallway, laundry etc... but that actually I am allowed to smoke in my room.
6- I smoked in my own bathroom (the room is ensuite), keeping the windows open. This because outside was raining, and also my room is at the 1th floor. I work with my pc, so, for me is actually an issue to go outside, because with dressing, going out, smoking, back again, undress me again... a break of 5 min, became a break of 40 minutes... and actually under the rain or the snow because there is not any floor outside that can cover me.
7- As I say.. after smoke in the bathroom, the room neightdoor, complain with me because the smell of the cigarette is came to his window from my one. He also say that I should stop or they will kick me out. I say sorry... and I went again out...
8- there are not agents, I am renting from a private, and the lady is my onlyone contact

Now I am sick, because of cold outside. I would ask to the lady if I can be allowed to smoke, NOT in my room, but in MY BATHROOM. Because in this way, I don't waste very long time, I don't back completely swet from rain, I'm covered and also it is more hot inside. Off course, leaving the window completely open, and sitting on it, during my smoking time, like this, the smoke don't come inside the room and is almost like I smoke outiside but in a more confortable situation.

I would know:
I understand right the law about it??? Or she is right and smoke inside is illigal? Is true that they can kick me out, when actually I choice this room because was write "smoking OK"???

Honestly... I feel fraud...

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Stealth Bomber 19th January, 2018 @ 13:46

Just a tenant smoker. It`s hard work, but don`t be surprised if you are not offered a new contract when it`s renewal time. Causing conflict with other occupants of an apartment or accommodation block is only going to end in tears, and your best efforts to smoke where you think it`s o.k. are obviously not working. Nothing worse than non smokers getting their teeth into you, so maybe it`s best to look at moving on anyway.

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sam 31st January, 2018 @ 22:48

Smokers
Do what feels right to you. If you want to smoke inside then smoke inside. As stated above, you might not get a new contract and they might take your deposit. But they will struggle to kick you out legitimately, even if non-smoking is in the contract.
Something you have to understand is people nowadays have a smoking phobia, due to indoctrination and/or a bad experience with smoking themselves. It could also be because a family member has died due to smoking related illness. Because of this people will be arseholes when it comes to smoking. You just have to remind them of the things they do that is contributing to their early death, such as bad diet or lack of exercise. Then they realise they are not so perfect themselves and that they are going OTT because they are wet.

Landlords
I actually find smokers are some of the best people in the workplace and socially. Also consider what your alternative is. Do you go for a well-established person who smokes or a mong that doesn't smoke? It shouldn't be the main consideration for a landlord. If you have a mortgage to pay and bills in your name, I wouldn't care if somebody smokes, I would purely consider their ability to pay consistently. I bet a few landlords who read this will be kicking themselves when they replace their smoking tenant with a single-mum and 3 kids, but then don't get paid and end up with a family 'squatting in their property'

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bob 18th February, 2018 @ 01:28

Would it be okay for me to take a shit in the flat because its my human rights? Fucking smoker cunts - I have one in my flat - the lying bitch denies it - the place smells like a fucking public toilet. The number of entitled fuckholes on this page makes me sick. Who the fuck do you think you are moving into a flat then filling it full of toxic shit and then making out its a human rights issue? Jesus h Christ.

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Maria 27th December, 2018 @ 21:49

Since 2015 I have moved twice because of issues with adjacent tenants smoking, vaping, plus.... I am not sure how some of these people became such a.......s, I had somehow managed to avoid them before....but I still have them crawling all over the house next door .....somehow if you ask nicely, they bring all their friends and family to claim their right to smoke....
...I get pains in my chest and lungs from the build up of toxins in my system. My breathing changes, and if I let them know this is reason I would like them not to smoke indoors, they smoke more it seems .... if I tell them their 15 mo old child is probably having the same problem and they should take more responsibility.... they call the police ... That's pretty ugly in my book .... as an ex smoker I never behaved in such a cruel and irresponsible way .. I think the Human Rights promise is a complete failure .... it still exonerates the guilty....

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John 7th January, 2019 @ 19:56

You sound like a stuck-up, judgmental twat. I wouldn't want to live in one of your properties if my only other option was to freeze outside. Not to worry though, you and your horrible generation will be dying off soon, and none of us will want to care for you!

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The Landlord 7th January, 2019 @ 20:41

You sound like a stuck-up, judgmental twat.

Charming! And, oh, the irony...

your horrible generation will be dying off soon

I'm in my early 30's, asshole :)

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Rachel 7th January, 2019 @ 21:49

@John "your horrible generation will be dying off soon"

And you sound like a stuck up ageist TWAT who obviously thinks he's from a generation that will never get old. D*ckhead

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Taira 23rd October, 2019 @ 14:54

What a lovely discussion.

My current flat is a upstairs in a building of 4. 2 up, 2 down. 3 of these flats are council owned, mine is ex-council now private tenancy. 3 of these 4 flats house smokers: the one across from mine smoke in and outside their flat and in the common area. The two flats downstairs house people who smoke in the entranceway and not in their house, the other is a lonely alcoholic who comes out to chat with the couple. I have joined in in these discussions on occasion and have gotten to see these individuals as people.

I signed a no-smoking clause in my lease and to date I have kept to it.

I am an occasional smoker even though I detest smoking. I started smoking in my early 30's when I was in counselling dealing with ptsd and flashbacks from things that happened in my younger years. At the time it seemed like a better option to suicide and I have since quit for the most part. I still have the occasional ciggie when things in the present trigger my survival mechanism. That is my business and no one elses, but Ive noticed throughout my years that this is one behaviour shared by recovering addicts, alcoholics, rape victims, trauma victims and other survivors of violence who deal with depression, anxiety and a whole host of issues that are, unfortunately, a part of life.

At times it frustrates me to be the only 'non smoker/ex smoker/occasional smoker' in a building of smokers. I typically take a walk when I smoke...the combination of walking and puffing on a fag helps to clear my head and bring me back to the present. Because I keep it away from the house, my house doesnt smell though the common area, certainly does.

Despite their smoking habits, I have to say, I have some of the best neighbours I have ever had. They are decent, hardworking people who are easy to get along with and do their best to keep the building clean, tidy and quiet. We get along with each other... talk with each other, visit each others houses and I happily prefer these people over some of the other neighbours I have had over the years.

I have to say that I find it sad that folks tend to judge people based on things like smoking without actually knowing anything about the individuals they are judging. Collective statements like 'they all' show an arrogant dehumanisation seperation between 'them' and 'us' and it reminds me of the sweeping racist statements of the old days where people of colour, religion, etc were denied housing etc because of this same attitude. I read statements like 'they all lie/ etc' when this is infact simply not true all of the time. It is also a statement - - exact wording infact-- that was used to describe the Native Americans of the USA and Canada and to permit all sorts of self righteous horrendous treatment and attitudes towards these people. They were described as dirty, smelly, liars, alcoholics etc by the collective superior despite many of tgese people not drinking, keeping a clean house and not drinking any more than their accusers and abusers.

Is it not time to stop prejudging people...all people...and to quit with the sweeping statements of generalisations and categorisations based on assumptions and ignorance and to start remembering that people are people whether they are tenants or landlords, smokers or non smokers etc?

I know I would prefer to live beside my smoking neighbour's who try and work together to keep the building upkeep than some of the littering, loud, druggy, obnoxious neighbours Ive had in the past. And I would hate to think my landlord refers to me as a 'smelly/stinky/less-than-human' 'one of those' simply because of my situation and less-than-stellar coping mechanism.

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Jacky 23rd October, 2019 @ 17:19

I totally agree with e.g. Maria about the stinking.
It is filthy, and difficult to get rid of the smell.
But I do sympathise with those who are addicted and can't stop permanently and advise them to try and find a place where they are allowed to smoke.

Unless people sign our rigid non-smoking contract we will not take them as our tenants. During the past 5 years only two smart-asses ignored it, and allowed friends and family to smoke. Their neighbours filed a complained with us.
The smokers lo$$t their case in court, moved out and had to pay a heavy fine..

These days, people who smoke an average two pack a day, throw away over 20.000 euro/pounds in 5 years. A 'blow-job' that takes only 2 or 3 year in some countries.
Obviously these people who can 'afford' smoking. That's their choice, and their right, as long as they find an isolated place where the smoke does not endanger others.

Again, I don't mind when other people like to smoke and ruing their health, their looks and often even part of their sex-life.
But where on earth did they get the idea that they have the right to impose this on others?

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stealth bomber 23rd October, 2019 @ 22:48

Taira. Jeez, is that some rambling whilst completely missing the point! Landlords are not some kind of social workers, dealing with the psychology of why people smoke. The main point is the property is essentially ruined at the end of a tenancy, UNDERSTAND? The ceilings are yellow, the fabrics are fit to throwaway and the place stinks. It matters not about someone being hardworking, salt of the earth people, the end result is what counts. We are also smart enough to recognise that more people now (potential tenants) have breathing difficulties, ailments or allergies, and these form the majority of people, who want nothing to do with second hand smoke nor it’s resulting residues. Smokers and pet owners days are numbered, now there’s a cap on the maximum deposit allowed. That’s actually a good indicator, where pet owners used to be more than happy to pay an elevated deposit, or bond, due to the additional clean up or replacement of floor covering. Never experienced the same with smokers in 10 years of rentals!

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Andy 3rd December, 2019 @ 17:24

Wow,a can of worms or not?
At the end of the day,as a private sector tenant you are being ripped off+abused by private landlords,back in the day,it was 'no blacks/no Irish/now its-' no children/no smokers/no pets.
Whats next?-no lesbians/no left wingers/no ugly people?
Frankly,as a private landlord,you are skilled at extracting the maximum rent from people who need a home.What I find particularly disgusting,is that ex-public housing is now being rented back to prospective tenants by landlords who snapped them up from their elderly parents and now charge 4 times their
worth regarding local authority rentals,and STILL they bitch about smokers/pets/benefit tenants.Frankly,I just gag at their 'holier than thou attitude'.

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Jacky 3rd December, 2019 @ 19:23

Hi Andy,

How wonderful to meet yet another person with no brains. Or with brains he hasn't activated yet.

All these negatives you bring up are things we can't change. We're black, Irish, a child, LGBTQI, ugly or sometimes even all-of-the-above.
Those are things we are born with, and we can't change them.
We can not be discriminated against for precisely that very reason.
The dog is extra.

But activities like smoking, vaping or sniffing coke are nasty habits that you personally CHOOSE to do. So either you stop doing them, or you look for a place where these filthy habits are totally acceptable.
And so the choice is entirely yours.

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Shay 10th September, 2020 @ 14:32

Oh dear what a discussion.

I smoke and rent and to be respectful to my landlords, I never smoke inside. Which is why I look for properties that have gardens or outside space to smoke in because no one wants a smoker ruining their property. That is unless they smoke themselves and state smoking is fine. And even then I still wouldn't because the smell is atrocious.

I smoke in my car but that's cause it's my car. And I can't even take the smell of stale smoke at times in my own vehicle. So to me it's about respect. I don't want to get on anyone's nerves and I don't want anyone getting onto mine either. Biggest way to annoy me. So let me smoke outside, put my cigarette butts in a bin and have respect for everyone.

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Badger 27th July, 2022 @ 11:40

A fascinating read.

Unfortunately, it is my experience that smokers routinely DO lie when signing up for a tenancy with a "no smoking" clause in it.

Yes, I am sure that there are some responsible smoker tenants out there somewhere... it's just that with 40+ years in this game under my belt by now I am, sadly, yet to come across one.

The most egregious example that I have ever had to contend with was a lying scumbag that left one of my houses in such a foul state at the end of an eight year tenancy that it took five, yes FIVE, coats of paint to finally eradicate the filthy yellow colour that covered literally every wall and ceiling in the place. The professional decorator employed to sort this out could not believe it! Things were so bad that every single white plastic electrical accessory also had to be changed as well. It was cheaper to do this than attempt to clean them. Ditto with all the carpets as well. Thank god the property is / was an unfurnished let or we would have had to shell out to replace all of that as well.

Total cost of this disaster? North of £12,000 and this in a 3 bed end of terrace, not some giant mansion. The average net income from this particular property after the usual expenses is typically in the region of £133 pcm. IOW, this git has basically cost every penny that the property has ever earned for in excess of seven and a half years.

Two years down the line there is now another lying scumbag tenant in this very same property who is busy trying to destroy it all over again through the smoking** that she claimed at the time that she signed the tenancy agreement was not something that she indulged in.

[ ** When she's not busy letting her child run wild and flooding the place by, in separate incidents, putting the plug in the basin and leaving the tap running in the upstairs bathroom or stuffing entire toilet rolls down the downstairs toilet and flushing it repeatedly time and time again leading to a flood of most of the entire ground floor!]

And as to all the gratuitous childish insults about landlords having either (a) purchased properties at knockdown prices in days of olde or (b) inherited properties from their parents I can assure you that it is not my observation that this is true of anything but a very small minority of landlords. Most get into the game using their own hard-earned funds, often with the intention of providing a pension for their future selves as a result of being entirely reasonably very very leery indeed of the stock market and the pensions "industry".

Outraged complaints about house price inflation are also way off the mark. How far back do you want to go? In the forties my grandfather paid £150 for a terraced house. In the seventies my father had a new 4 bed detached built for him for £5,000. (For the avoidance of doubt I did not benefit from any kind of inheritance from either of these now late relatives of mine.) I bought my first house in the early eighties (aged 23 and with my own money + a mortgage) for £21,000. Did I look back enviously and whine about having to pay 140 times what my grandfather paid for his? No, I did not. Later on mortgage interest rates peaked at 15%. Times were hard, but we survived. Because we had to. All of this was done on the back of a modest professional salary running at £6,500 to begin with rising to £12,500 by the end of the decade and with a cap on mortgage multiples at the time of just 3.

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