AIBU to give notice after repeated smoking and other tenancy issues?

[SmokeInHouse]

We are landlords and one of our tenants has been smoking in the house, despite us having a no smoking clause in the tenancy agreement.

The first time I noticed it she blamed it on her teenage son and said she had disciplined him, apologised and said it won’t happen again. It happened again, she apologised and again assured me it wouldn’t happen again. We let it go as we know teens can do these things and they don’t always listen.

Last week the tenant reported that there was a leak under the kitchen sink so my husband arranged to go around to fix it today. When he went at the agreed time, she opened the door smoking. She had obviously forgot that we had arranged to go around. She apologised, said she doesn’t usually smoke inside and told him she had had a stressful day.

My husband noticed that there was a strong smell of smoke throughout the house, some nicotine staining and ashtrays in the lounge, dining room and kitchen. I think it’s likely that it has been her smoking in the property all along.

We have also had a neighbour complain on a few occasions about noise late at night, which we have spoken to her about. She has been late paying rent on a few occasions, so she isn’t a great tenant overall.

She has a 14 year old, a 6 year old and a 3 year old and there are a shortage of properties to rent in our area. We have been thinking of selling the property and now with the smoking issues on top of the noise complaints and occasional late payments, we are thinking it may be best to sell sooner rather than later. I think our tenant would be upset because it may mean having to move out of the area and with the kids in school that would be hard for them all.

Are we being unreasonable to give her notice? Or would you give her another chance?

She’s had two chances already and it’s not that onerous to smoke in the garden or out front especially in August!

Just get her out, if she wanted to carry on living there she should have respected your space. This is your business and you have to treat it like such!

What's the legal position? Tenant's rights have been strengthened. If the place smells of smoke, you are probably going to have to redecorate and recarpet at the minimum. Can you afford to do that now?

There's no excuse for her smoking inside if it breaches her tenancy agreement. I smoke (though in the wonderful throes of trying to quit) and have always smoked outside even though my HA tenancy does not prevent me smoking inside- I just don't because it's up to me to smoke or not and I have a perfectly adequate garden.
You also mentioned late rent and other issues.
You are not unreasonable to sell up, it does actually sound as if you have been patient already.
You will also need a deep clean and specialist paint after she leaves to eliminate the nicotine issues- you should consider deducting the costs from the deposit as you clearly let it as non smoking. It's another reason why despite not being prevented from doing so I don't smoke in the house- decorating is work enough without adding all that.

I have no idea in the legal side of things but she’s had warnings. If staying in the area for her kids is a priority then she should think about being a better tenant.

How long has she been in? I'm hazy on how it works during this transitional period but going forward if it's less than 12 months you can't sell.

You have been more than reasonable. Give notice today or tomorrow.

She has a 14 year old, a 6 year old and a 3 year old and there are a shortage of properties to rent in our area.
That's something she should have thought about before being an ignorant tenant.

I'd go ahead and give her the proper notice (whatever that legally may be) and proceed to put the house up for sale when you can.... you might need advice on this part woth the new landlord obligations.

Tenants can still be evicted for breach of tenancy (section 8 I think)

Does it meet the criteria for serving notice under section 8?

I think you've already given her a chance to stop smoking indoors. Last time she was caught should of made her stop completely. I'm a smoker and just smoke outdoors it's not difficult I prefer to smoke outdoors as the cold air wakes you up 😂

Just wanted to add if you evict she might struggle to find anywhere and you may need to pay court costs and bailiff fees can you afford to do so?

She has been living there for a little over 2 years. We could probably evict her due to breaching the tenancy agreement but we probably want to sell it anyway. We have other properties that we have never had an issue with but this one seems to attract nightmare tenants.

It's probable she will stay until you get a Court order and evict her so she will be homeless and get priority on the housing list. The chances of her leaving at the end of the notice period is slim. That's going to cost you time and money if it goes through the Court. Ì

you may need to pay court costs and bailiff fees can you afford to do so?

The longer she stays the more it will probably cost OP to deal with the effects of the smoking, before putting it on the market.