CAN A LANDLORD
CHARGE A TENANT
FOR SMELL REMOVAL?

The Basic Rule: Damage Beyond Fair Wear and Tear

Under UK tenancy law, a landlord can deduct costs from a tenant deposit for damage to the property that goes beyond fair wear and tear. Fair wear and tear covers the gradual deterioration of a property through normal, everyday use — scuffs on walls, minor carpet flattening, small marks on surfaces that accumulate naturally over a tenancy.

Odour caused by tenant behaviour — smoking indoors, keeping pets without permission, cooking practices that result in persistent embedded smell — is not fair wear and tear. It is a condition caused by the tenant’s use of the property that would not have occurred under reasonable occupation.

When Odour Removal Is Recoverable from the Deposit

• Smoking in a no-smoking property: If the tenancy agreement includes a no-smoking clause (which most do), tobacco smell constitutes a breach of contract and associated remediation costs are generally recoverable. Nicotine staining, which is visible evidence of smoking, strengthens the claim significantly.
• Unauthorised pets: Pet odour where the tenancy prohibited pets or where the extent of pet use exceeds what was agreed is recoverable. UV inspection evidence of urine deposits is particularly useful.
• Authorised pets that caused damage: Even where pets were permitted, damage or persistent odour beyond fair wear and tear from permitted pets may be recoverable — particularly where there is urine contamination of carpets or flooring.
• Mould caused by tenant behaviour: Where mould and associated smell resulted from the tenant’s failure to ventilate adequately (a tenant obligation under most tenancy agreements), remediation costs may be recoverable. Note: mould caused by the landlord’s failure to maintain the property is not recoverable.

When Odour Removal Is Not Recoverable

• General habitation smell that develops naturally over a long tenancy without any breach of the tenancy agreement. A property will inevitably smell "lived in" after years of occupation — this is fair wear and tear.
• Cooking smell from normal cooking where no clause prohibited cooking or where the smell is not excessive given the tenancy duration.
• Mould caused by the property’s own deficiencies — inadequate ventilation, damp penetration, structural issues. The landlord is responsible for maintaining the property in a habitable state.

Evidence You Need for a Deposit Claim

Deposit scheme adjudicators make decisions based on evidence. The stronger your evidence, the more likely a proportionate claim will succeed. You will need:

1. Check-in inventory clearly documenting the odour-free or neutral condition of the property at the start of the tenancy. This is your baseline.
2. Check-out report documenting the odour condition at the end of the tenancy, with specific descriptions and dated photographs of any visible evidence (staining, mould).
3. The tenancy agreement clause that was breached — no-smoking, no-pets, ventilation responsibilities.
4. Treatment invoice specifying what was carried out and the cost.
5. Treatment record from Ozone London confirming the methods used — available on request for all treatments.

How Deposit Disputes Work

All tenancy deposits must be held in one of three government-approved schemes: the Tenancy Deposit Scheme (TDS), the Deposit Protection Service (DPS), or MyDeposits. If a landlord and tenant cannot agree on deductions, the scheme provides a free adjudication service.

Adjudicators are experienced in assessing odour-related claims and understand the distinction between fair wear and tear and genuine damage. Proportionate, well-evidenced claims for odour remediation caused by clear tenant behaviour are routinely upheld. Claims that lack baseline documentation or that appear disproportionate to the actual damage are more likely to be reduced or rejected.

Treatment Costs for Reference

• Advanced (fogging + ozone): from £695 + VAT — typical for moderate odour
• Complete (surface treatment + fogging + ozone): from £1,350 + VAT — for heavy contamination

Full pricing guide →