Deposit dispute case study – Smoking – redecoration

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The smell of smoke can often be hard to remove from rental property. Read the case study highlighting how to deal with such a dispute.

Deposit Details:

Deposit                                £1100.00

Disputed amount             £850.00

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What happened?

The tenant said:

  • They only smoked in the property occasionally and the windows were always open during this time
  • The issues highlighted by the checkout clerk should be considered as fair wear and tear after living in the property for almost three years

 

The agent responded, saying:

  • The property was newly decorated at the start of the tenancy
  • The walls were discoloured to numerous places at the end and the property smelt of smoke
  • The only way the landlord could get rid of the smell and to get the decoration back to its original condition was to re-paint the property

 

What evidence was provided?

Tenancy agreement, independent check-in and checkout report, communications, invoice, contractors’ estimates.

 

What was decided and why?

  1. The email communications and tenant comments showed that the tenant did smoke in the property during the tenancy, which was in breach of the tenancy agreement
  2. The landlord provided an invoice to show that the property was newly decorated two weeks before the tenancy started, and the check-in report also confirmed the decoration was in excellent order
  3. The checkout report showed that in the bedroom and living room the paintwork was heavily discoloured to areas and there was a strong smell of smoke. From the report findings, the adjudicator found that deterioration, exceeding fair wear and tear had occurred to these two rooms
  4. The estimate was to redecorate the property throughout. The contractor who provided the estimate advised that one fresh coat of paint would be enough to remove the odour and discoloration
  5. While an estimate was provided to redecorate the whole property, the evidence only showed two areas to be returned in a worse condition, as a result of smoking. No other evidence was provided to show that the other areas needed to be redecorated because of the tenant’s actions
  6. The adjudicator found it reasonable to allow the landlord to retain part of the deposit to paint the living room and bedroom only, making an allowance for fair wear and tear for the time the tenant lived at the property, to avoid betterment

 

Decision:

Tenant: £625.00               

Landlord: £225.00

 

How can you avoid this happening in future?

  • Even if there is a breach of the tenancy agreement, the evidence must show that that the breach has resulted in damage to the property, incurring a loss
  • It’s always important to consider whether the amount claimed reflects the work needed as a result of the tenant’s breach
  • Fair wear and tear must always be considered for the length of the tenancy as the landlord is unable to be put in a position of betterment

 

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