How to claim for smells in a property

Dealing with smells in a rental property during a deposit dispute can be tricky. Here's a guide to help you navigate this issue effectively:

• The challenge of proving smells

  One of the challenges in deposit disputes is proving the existence of smells, especially when it comes to providing concrete evidence. In such disputes, the responsibility lies on the landlord or agent to prove their claim for the deposit deduction at the end of the tenancy. While detailed inventories and photographs have become common, the issue of 'smells' remains a point of negotiation and proposed deduction.

• During check-in

  During the check-in inventory, if any smells are noted, tenants are less likely to be held responsible at the end of the tenancy. If no reference is made to smells in the inventory, it's assumed that no smells were present when the tenant moved in. However, emails from tenants at the time of move-in that mention smells can alter this default position.

• Mid-term property visits

  Conducting mid-term property visits is a best practice. These visits provide an opportunity to identify any evidence of smells during the tenancy. This includes checking for indicators like smoking or the presence of pets that may affect the property's condition. While cooking smells are generally acceptable, evidence of smoke or pet smells can be more contentious.

• Navigating 'no-smoking' clauses and pet-related smells

  Most tenancy agreements contain a 'no-smoking' clause. Evidence of smoke smells during the tenancy could be a breach of the agreement, but a deduction from the deposit is reasonable only if there's documented proof of smells or damage at the end. Similarly, if pets are permitted, it's important to manage expectations. While pet smells at the end of the tenancy could breach the agreement, consider allowing for some wear and tear due to pets.

• Before check-out

  Review previous property visit reports to check if smells were previously noted. If so, consider arranging a pre-exit visit with the tenant to discuss addressing any lingering smells and preventing disputes.

• During check-out

  An independent inventory clerk's objective assessment can be valuable in confirming the extent of damage and smells. If the final inspection is done by the agent or landlord, it's recommended to involve the tenant so that any smell-related issues can be discussed and verified in real time. The check-out report should include a written description of any smells present when the tenant vacates the property. Photos alone can't capture smells.

• Supporting your case

  Additional evidence, such as property visit reports, emails discussing the issue, independent contractor reports, and estimates completed shortly after the tenant moves out, can strengthen your case for a deposit deduction.