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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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My name is ***** ***** into a flat with my girlfriend

Customer Question

My name is Buki
I moved into a flat with my girlfriend on 16th of November.
We rented the property as non smoking. When we moved in we felt strange smell in the flat what we found out, it was smoke smell. It was in everything.
The carpet the bed the walls.
So we could not stand it and we had a lots verbal fight and stress with my girlfriend.
So we repainted the flat and cleaned the carpet on own expense and then the agency we renting from also sent a carpet cleaner.
Now we asking the agency to remove that bed as smells badly but they not willing to do anything.
I am just wondering what kind of help we could get as we been cheated by the estate agency. Because there is a different between a non smoking flat and flat where been someone amoked all the time.
Could you give us some help or direct to someone who can help with this issue?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can force them to remove the bed?
Customer: replied 2 years ago.
At least. They are very rude.
They should do all that work we done in the flat.
As they cheated on us renting out a smoking flat as no smoking.
Expert:  Jo C. replied 2 years ago.
Is there anything wrong with the bed other than this?
Customer: replied 2 years ago.
The smell only and i with my work and my money removed the smell with the painting from the flat and if i put back the bed in the room it would just smell up the whole flat again. Is that not enough?
Customer: replied 2 years ago.
Otherwise i don't mind if they get a new mattress and cover as the metal frame isn't smelly but everything else are.
Expert:  Jo C. replied 2 years ago.
That is a problem Im afraid.
That is not enough. It is no more complicated than that and there is no way of sugar coating it. A lingering smell of cigarette smoke from a previous tenant does not justify a new bed I'm afraid. That is the reason they are refusing and if you went to court they would succeed on the point.
I do understand that you may well not like the smell but that is not a ground to replace. Everything is an exercise in reasonableness and this just doesn't justify the cost I'm afraid.
I'm very sorry but that is the reality. You cannot force a landlord to replace a perfectly good bed on this basis.
Can I clarify anything for you?