77151

Hi,

I'm very new to all this and have yet to let out my first property. I've been reading the AST though and noticed that with regard to smoking it states "not to smoke or permit a visitor to smoke tobacco or ........ without permission of the Landlord (which will not be unreasonably withheld)."

I was hoping to have non-smoking tenants! Is this not possible? Or is it reasonable to say people can't?

Many thanks

Pengy

Hi, This clause should prevent tenants from smoking, most AST's include this (unless otherwise agreed with the landlord.)

Please call our advice line if you need any further info.

Hi, We have amended our AST and cut out the "without permission of the landlord(which will not be unreasonably withheld)". Whilst you can not discriminate on race, colour or creed you are within your rights to refuse to let to people who smoke. We also ban pets. Again you are within your rights to do so. In practice you can not stop some-one from smoking or having a pet as eviction is a lengthy and messy process and not worth the stress. But in the one instance where a person did smoke we witheld £200 from there deposit as damages and did not get an arguement from them.

I do not allow smoking in any of my properties and I do issue S21 notices to quit if the tenants do. Refurbing after a smoking tenant is horrendous, the smell & the sticky yellow grime permeates everything and puts alot of prospective tenants off. Better to avoid the situation altogether, No smoking in my properties!

We operate a "no smoking & no pets" policy in all our properties. On the whole tenants respect the rule and smoke outside. As 40833 says the clean up is not worth allowing the tenant to smoke and there are plenty of good non smoking tenants looking for rental property.

The fire risk itself is enough to justify an absolute no smoking clause. NLA's 'will not unreasonably be withheld' qualification is totally unnecessary.

CAS

I'm preparing my first agreement since joining NLA - does anyone have a "no pets" clause I could use? Thank you!

Rob

First of all what do you mean by pets? A gold fish may be acceptable whilst a dog or cat may not. I have the following statement in the tenants obligations:

"Not to keep any cat or dog within the boundaries of the property, also not to keep any other pet, animal, bird, reptile, fish, insects or the like within the boundaries of the property, without the Landlord’s consent. This consent may be withheld". Followed by ....."Where pets are allowed, depending on the nature of the pet, and at the Landlord’s discretion, the deposit stated in section XXX shall be increased in advance by £300". The reason for the latter sentence is that I have found tenants do not read the AST and so go ahead with getting a pet - once they have it you then have the option to demand the extra deposit or they have to get rid of the pet - it puts the emotive pressure back on the tenant.

Di

Our properties are NO Smoking but we did have tenants who decided that this did not matter it cost them a fortune from their deposit as we had to get the curtains throughout the property professionally cleaned, they burnt a hole in the mattress and in the carpet. They made a real fuss at the end they were threatening us with court but we highlighted our part of the tenancy agreement regarding the smoking and the cost to make good repairs they backed right off. They lost their AST and wanted us to provide them with another copy!! Which we didn't!

The smoking of cigarettes, cigars and pipes is prohibited and that in the event of breach of this clause, the tenant will become responsible at the end of the Tenancy for any costs of cleaning, fumigation and redecoration deemed necessary by the Landlord or his Agent.

CAS, Our clause for pets:

Not to keep any bird, reptile, dog, cat or other living creature in the Property without the Landlord's written permission.

Hi

We have a tenant that has 2 cats which we allowed, but unbeknown to us these cats are locked in all the time and never go out side, we have inspected the property and found the cat's hairs and smell of urine intolerable, as we allowed the cats in the first place will we be able to claim more from the deposit to have the cat smells and hairs eradicated completely ?

Catherine

In reply to by 65465

Hi Catherine, that depends entirely on the wording of the agreement in place. Did you put a pet clause into the AST? Something along the lines of:

It is further hereby agreed that if any odour or discolouring of walls, damage to woodwork, carpets, floor coverings, curtains or furniture occurs as a direct result of an animal residing in the property, whether with or without permission, it shall be the responsibility of the tenants to return the property to a habitable, clean and de-odorised condition. This includes the treatment of any infestation that may be present as a result of the animal and any loss of future rental income until the problem is resolved.

© National Landlords Association : 2nd Floor, 200 Union Street, London SE1 0LX