Am I correct

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I have a tenant and within the tenancy agreement it stated that we had a strict no smoking policy within the flat which was made clear before the start of the tenancy and the tenant agreed not to smoke within the property. The flat had been newly decorated and fully carpeted.

I had reason to visit him last week and unfortunately the flats absolutely reeks’ of tobacco when I questioned the tenant he said that he had just smoked a few cigarettes and he tried to smoke them by the window! In fact I stood taking to him the ash tray way full and overflowing!

He has now contacted me to say that his six months tenancy is nearing its end and would like to give notice and he telephoned me to check that his deposit will be returned to him intact as he had as a precaution checked his legal position with the citizen’s advice bureau.

I told him that he had broken the agreement regarding smoking within the property and when he leaves the property it will be checked for damage which will include the removal of the smell of smoke and if no damage is evident his deposit shall be returned intact. However if the property is returned to us with damage including smelling like a pub the morning after we shall not be returning his deposit and in fact will be seeking reimbursement for professional cleaning or redecoration.

Am I correct? How should I proceed with this very controversial with-holding deposit thing?

16/03/2007 00:00

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