Tenancy Agreement states no smoking but tenant has smoked heavily

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M
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In October 2008 I let one of our properties out to a single person on a 12 month AST with a clause of no smoking.

I had to visit the property recently as something needed fixing. The tenant was present and I was alarmed as there were ashtrays everywhere and the house stuck of smoke. The property was let as a non-smoking property, we spoke about it verbally as the tenant told me they didn't smoke and furthermore its on the AST and before she signed the contract I went through it and drew her attention to it again.

I didn't say anything as was very shocked. And to confirm this, I've had my builder in repairing something and he told me that the house was full of smoke this week.

I have now written to the tenant and informed her I will be conducting a property inspection in 2 weeks.

At this stage should I ask her about the smoking and tell her she is in breach of the contract? Or do I wait until she moves out and seek to without her deposit (its with the DPS)?

I'm not happy as the house we newly painted the week before she moved in and all the carpets were professionally cleaned too so I will effectively have to undertake this work again.

Any advice would be helpful.

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05/05/2009 00:00

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