Tenant Deposits: How To Claim For Smells
So how would a landlord go about claiming for smells at the end of a tenancy?
First of all, one must prove that the smell did not exist at the start of the tenancy, so it is therefore vital to have a good and thorough Inventory Report compiled before the tenant moves in.
Smells and strange odours should be clearly recorded on the Inventory Report, and accordingly, the failure to do so would signify that the property was free from bad odour.
Obviously, the tenants upon receiving the Inventory Report would be free to add comments countering these claims if they believed that there were such unpleasant odours present at the time of their move in. This would have to be checked and may be best served by a further visit from the Inventory clerk to verify this.
Of all the possible odours, the most common include: pets, cigarettes, and cooking.
The majority of tenancy agreements do contain a ‘no-smoking’ clause and while there might be evidence of smoke smells during the tenancy which is in breach of the tenancy agreement, a deduction to the deposit at the end of the tenancy will only be reasonable if there is a record of smells or damage at the end of the tenancy.
In the case of a ‘permitted’ pet, managing expectations is a good idea. While pet smells recorded at the end of the tenancy would be a breach of the tenancy agreement, and a deduction may be appropriate, make sure that you also accept that there may be slightly more wear and tear on the property.
Check out
Independent inventory clerks are qualified to make an objective and unbiased comment on the extent of any damage and smells.
If an agent or the landlord completes the final inspection, it is best practice to give the tenant the opportunity to attend, so that the smell can be discussed and verified at the time.
It is fundamental that the check out report contains a written description of any smells present at the time the tenant vacates the property. Photographs cannot evidence smells.
The check out report should clearly state any difference in the condition of the property when compared to the check in inventory.
Additional evidence such as property visit reports, emails showing discussion of the issue, an independent contractor’s written report and estimates completed within a few days of the tenant moving out, can all help to support a deposit deduction.