Tenants smoke inside house

[NomoneyNotalk]

Hi property investors

I just found out the tenant smoked inside the house as there was smell and a pack of cigarettes' in the room. It is a breach of the tenancy agreement, What can i do to get the tenant out if i don't want to wait until the fixed term tenancy end?

Thank you

[Perry]

As you did not actually see it happening, the presence of the smell of tobacco smoke and a cigarette pack does not necessarily mean that the tenant smoked inside the house. It may've been someone else. That will likely be the view taken by the TT Kangaroo Kourt.

[Sanya]

As you did not actually see it happening, the presence of the smell of tobacco smoke and a cigarette pack does not necessarily mean that the tenant smoked inside the house. It may've been someone else. That will likely be the view taken by the TT Kangaroo Kourt.

+1. The standard additional tenancy agreement clause does not permit a tenant to smoke in the house. It is silent on guests of the tenant or visitors. Further, any attempt to add them into the conditions of agreement would likely be unenforceable.

[Keys]

What can i do to get the tenant out if i don't want to wait until the fixed term tenancy end?

Nothing (mamc)

[flyernzl]

Standard clause that should be in your TA:
The Tenant(s) agree neither to smoke or vape in or on the premises nor to allow their invited guests to do so. In breach of this clause they are to be responsible for the reasonable costs of rectification of any damage caused or for any appropriate cleaning, fumigation etc. required.

[NomoneyNotalk]

Thank you for all the replies,

Seems like another risk to think about, yes it is stated in the TA as flyernzl mentioned. I always advertise as no pets and no smokers also.

The tenant did not deny that he smoked. I think i would just wait until end of the fixed term and not renew it to avoid further damage to the house instead of going through tribunal.

I'll be more careful in selecting future tenants