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Harry Monk

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My lease forbids "smoking tobacco or any other material"in my flat. I smoke, but naturally I told the letting agent I didn't. Is this type of condition common in a lease and are there likely to be repercussions with regard to my indifference to this clause?

I'm not interested in "Yes, you'll die of cancer" etc.

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A smoker replies.

My lease says that too.

I am now resigned to smoking forever outdoors.

No longer at work, no more smoking carriages, no more top deck of the bus, no more smoking in cinemas, nor the pub or the club. I don't smoke in the car (it's my OHs and she doesn't).

Let's face it! It's outdoor smoking from now on. Anyway, the fresh air might do us some good.

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A smoker replies.

My lease says that too.

I am now resigned to smoking forever outdoors.

No longer at work, no more smoking carriages, no more top deck of the bus, no more smoking in cinemas, nor the pub or the club. I don't smoke in the car (it's my OHs and she doesn't).

Let's face it! It's outdoor smoking from now on. Anyway, the fresh air might do us some good.

It`s not all bad ;)

docs_smoke.jpg

post-12527-1206485265_thumb.jpg

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My lease forbids "smoking tobacco or any other material"in my flat. I smoke, but naturally I told the letting agent I didn't. Is this type of condition common in a lease and are there likely to be repercussions with regard to my indifference to this clause?

I'm not interested in "Yes, you'll die of cancer" etc.

A perfectly fair and legal clause I am afraid as it has a material negative impact on the value of the property and furniture (if furnished)

It may also mean the legitimate loss of your entire deposit to redecorate and clean as the most likely repercussion

Unless it is obvious people have smoked there before I wouldn't and the best way to tell if the LL takes it seriously is to look at the original advert for the property, if it said no smokers in that they mean it. If not ask the agent and check, it may just be a standard clause

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My lease forbids "smoking tobacco or any other material"in my flat. I smoke, but naturally I told the letting agent I didn't. Is this type of condition common in a lease and are there likely to be repercussions with regard to my indifference to this clause?

Just tell them you didn't inhale

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We've never rented anywhere that had that clause.

Having said that, when looking around to find the place we're in now, one of the agencies asked if either of us smoked, and when the answer was yes, told us we'd have to smoke outdoors, so we told them to go and find other possible tenants.

There's already a clause in rental contracts about making good any damages, so there's no way we'd accept some kind of draconian behaviour rules on what we will and won't do indoors in our own home (if the landlord sees it as "their" home and is perochial about it, they probably ought not to be a landlord and probably won't be much fun to rent from)

Edited by DTMark

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Is it not just a case of open the window and blow - saying that I have a friend that was just fined £100 for doing the same in a no smoking room in a hotel over the weekend .

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(if the landlord sees it as "their" home and is perochial about it, they probably ought not to be a landlord and probably won't be much fun to rent from)

Strangely enough it is their home, that is why their name is on the title deeds, they may even want to live in after have for one reason or another and don't want it to stink.

It is one thing to have it in the contract and ignore it but another to go against the explicit desire of the landlord

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Just not worth it. People who are non-smokers (PARTICULARLY ex-smokers - converts are always the worst!) can be very sensitive to the smell of smoke. So prior to the next tenants coming in, the landlord might have to redecorate completely and replace all the carpets.

So, unless you are willing to face that sanction, smoke outside or find a landlord who doesn't mind.

Same with some pets - some tenants won't rent a place where there has been a dog or cat. There is a legal judgement ( an obiter dicta, I think,so not actually with the force of law, but a guidance nonetheless) that an outright ban on keeping pets would be an unfair term in a contract as it would debar even a goldfish; but a ban on dogs & cats would presumably be fair because of likely damage and that so many people are allergic to pet hair.

That said, landlords need to be careful - in one of our student lets one of the tenants asked if he could keep " a small caged animal" Thinking gerbils, we said OK; we later discovered from an irate neighbour that he was actually keeping a 6ft python and various tropical spiders which were escaping! Next years tenants would NOT be amused to find a tarantula nestling up to them on their pillow....

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  • 295 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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