Landlord threatening to evict due to vaping.

[Mr Ripple]

Are you in the USA?

 

[zouzounaki]

The short term assured tenancy finished about 6 weeks ago so now we're in a roaming long term, they can ask us to leave at any point now and we would need to leave within 4 weeks.

The neighbour complained about the smell of smoke, also that the smoke smell was so severe that it had caused their clothing and furniture to smell and keeps them awake at night.

There are no vents connecting our property and I always smoke sweet flavours, never tobacco. They once put in a complaint about the smoke smell when we were on vacation for 3 weeks and no one was in the house, so I doubt it's genuine, I think they saw me vape in the garden and assumed that it was cigarette smoke.

You don't need to leave after the 4 weeks. Again, I'm not sure about england but in scotland lawyers would advise you not to leave after the notice period.

https://england.shelter.org.uk/housing_advice/eviction/eviction_of_assured_shorthold_tenants

 

[MDLucky]

Are you in the USA?

No, I'm in England UK

 

[EmbraSewerRat]

No, I'm in England UK

Do you know if your deposit has been put into a respectable deposit scheme?

'Your landlord must put your deposit in a government-backed tenancy deposit scheme ( TDP ) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:Deposit Protection Service. MyDeposits - including deposits that were held by Capita.'

They can make claim to some of the deposit for cleaning after end of tenancy, but if you make complaint about it and get the scheme to investigate things may go your way and you'll get a fair whack back.

I'd be having a word with Shelter and your local authority soonest, for sure having a sub standard fuse box is a bit naughty as for using vaping as the eviction excuse, well, see what the experts say to that.

 

[zouzounaki]

There’s no way the guy can evict you simply
because he saw a vape device in the house. What about smokers who don’t smoke in the house, but might have a packet of fags sitting? The idea that a house would need deep cleaned because somebody vaped in it is laughable.

Don’t be phased, just stand your ground with him if he mentions eviction calmly tell him you’ve been taking legal advice. At this point you could express concerns about him having been renting you a house with dangerous electric wiring.

 

[JohnnyAce]

We have clients that are landlords & have terrible residents in their properties, ones that basically ruin the place, have outstanding rent or both & they have a hell of a game evicting them .

Hell, one client let out their 500K villa in Spain, they didn't pay rent & absolutely trashed the place & I mean trashed it & there was nothing they could do about it, it eventually went to court but the whole process still took a year

I can't see that he can evict you that easily because he thinks you vape in the place, he's got nothing to prove you do.

Invite him in & ask him to have a smell for ciggy smoke, because if you had smoked in their he'd know about it. Sounds like a moron

 

[Chris K]

Probably worth mentioning to the Landlord that no where in your tenancy or in any conversation with him/her or a letting agent that vaping wasn't allowed.

Vaping isn't covered by any Smoking Legislation, Government makes that perfectly clear.

https://www.gov.uk/government/collections/e-cigarettes-and-vaping-policy-regulation-and-guidance

If vaping wasn't allowed, perhaps they should have included that in the tenancy documents.

Vaping is completely separate from smoking both clinically and legally and the two shouldn't be confused.

You are a vaper, not a smoker.

 

[scrumpox]

Seems to me that it's the neighbour who's putting pressure on your landlord and the shit is falling on your head. You should act reasonably and not add to the pressure, just refute any unreasonable behaviour or claims.
You have legal protections to fall back on but ultimately it's your own responsibility to put a roof over your head. Don't become a victim, get it sorted before the stress piles up.

 

[Mitz]

In my humble opinion, and without meaning to offend anyone, if you are being threatened with eviction you should be seeking legal advice. As helpful as this forum can be, nobody here is an expert on tenancy agreements or eviction protocols. Getting evicted is no joke. At the very least contact Citizens Advice to see where you stand.

 

[Leni]

All I can say is ... your landlord is an arse That’s not helpful I know, but it’s all I have right now.