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Smoking in Your Rented Property

Tuesday, 1st October, 2013

An Adjudicator has ruled that a tenant who smoked, in breach of a tenancy agreement, was liable for costs caused by smoke damage to the property, but not for the full cost of redecoration. On the basis of email correspondence between the landlord and tenant, it was acknowledged that the tenant smoked in the property. As well as submitting these emails, the landlord provided the adjudicator with check-in and check-out reports.


The check-in report showed no record of smoke damage at the start of the tenancy; at the end of the tenancy, the check-out report noted the hallway, sitting room and bedroom as smelling of smoke or having stains on the walls.


The landlord submitted that the tenant was responsible for the cost of making good the damage caused by smoking in the property, and that, as cleaning alone would not be sufficient to remove the smell of smoke, the entire property needed to be repainted. However, as the check-out report only noted damage caused by smoking in specific areas of the property the adjudicator was not satisfied that the tenant was liable for the full cost of redecorating the entire property.


The adjudicator decided that it was reasonable to allow the landlord to retain part of the cost incurred for redecoration covering labour and materials but not the full amount. The remaining amount was returned to the tenant.


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