Can I terminate my tenant's tenancy early for having an unauthorised pet?

LuckyG · 10 July 2017 at 5:37PM

higgledypiggledy_pop wrote: »

I appreciate what you're saying but I don't know why everyone here is apparently such an experienced landlord and yet so defeatist about a tenant blatantly breaking their agreement, if every time things go wrong you just throw your hands up in the air and say 'well I actually can't enforce anything in the contract' ....?

The problem is, there's always a risk that tenants will go against things in the contract. Some are wonderful tenants and abide by all of the rules but there's some that don't.

Unfortunately the only thing you, as a landlord can do in situations such as this is go through the courts.
No one is saying that it's right that tenants can do things that you're not happy about or do things that the contract states they shouldn't, but nothing can physically be enforced unless you go to court. This is a lengthy and expensive process, it's one of the things that comes hand in hand with being a landlord.
I could never afford to be a landlord, I wouldn't even have the first clue where to start, but as a tenant I know that my landlord cannot just throw me out of minor issues.

Guest101 · 10 July 2017 at 5:38PM

You may just want to contact HMRC and check

Guest101 · 10 July 2017 at 5:39PM

The OP still hasn't provided the wording of the no pet clause.

gingercordial · 10 July 2017 at 5:40PM

higgledypiggledy_pop wrote: »

Yes all taxes are deducted before the money even gets into my account, it's about %25, and I have never heard anything from the tax man. Fine by me

That's just as unlikely as the rest of this thread. On the off-chance this is real, no, that is not going to satisfy HMRC.

Unless you've also appointed the property agent as your tax agent (via HMRC form 64-8) and will be providing them with full details of your mortgage interest, other expenses, employment income, savings income and so forth to enable them to prepare and submit your tax return in due course?

If not, you have very a nasty surprise coming.

GrumpyDil · 10 July 2017 at 5:42PM

You can potentially enforce your rights by going to court but if you are going for repossession within the fixed term of your contract the grounds you would be looking at are discretionary and judges do not like evicting people at the best of times let alone on discretionary grounds. As everyone has said your only real option is to wait til the end of the tenancy and hope they move out or be prepared to evict.

Don't get me wrong as I do have a little sympathy as we have a house with tenants in it who may or may not move out when the notice they have given expires and may or may not return it in the condition they received it in but that is a whole different story. The main thing is you have to ignore any emotional attachment to the property.

higgledypiggledy_pop · 10 July 2017 at 5:43PM

Pixie5740 wrote: »

If you live so far away why did you not opt for the fully managed service? What address is given in the tenancy agreement for the serving of notices?

15% just to collect the rent is extortionate. The mind boggles as to why you agreed to this. Read the link G_M gave you back in post 41 about Letting Agents it explains how to choose one and how to sack one.

In truth I did not realise at the time that there were different kinds of package and the agent never asked me to choose between different options, I did assume that some management would be involved if there was trouble while I was away. I had no problems the first time and never even heard from the tenant. Now there is a problem this time I have only been able to get through to the agent's secretary once when it started who said that it didn't look like a full management package and he would call me back, nothing for three weeks even though I have left over 20 answerphone messages.

gingercordial · 10 July 2017 at 5:46PM

higgledypiggledy_pop wrote: »

That is only the current let, I previously had a girl in on a 12 month contract through this same agent and then a short term one. I don't have to do a return because it is all administrated through the tax scheme

"The tax scheme"?

By any chance do you live outside the UK? Are you therefore a non-resident landlord with basic rate tax (should be 20% not 25%!) being deducted by the letting agent on payments to you?

Because if so you still need to do a tax return unless you have specifically and personally been told by HMRC that you don't need to.

higgledypiggledy_pop · 10 July 2017 at 5:49PM

It says:

"The Tenant agrees not to keep or permit to be kept on the Property any pets or animals of any description without the previous consent in writing of the Landlord"

higgledypiggledy_pop · 10 July 2017 at 5:52PM

Pixie5740 wrote: »

To which tax scheme are you referring?

The agent registered me on the tax scheme where they automatically skim off taxes before it reaches my account so I don't have to do any administration at all.

G_M · 10 July 2017 at 5:52PM

higgledypiggledy_pop wrote: »

In truth I did not realise at the time that there were different kinds of package and the agent never asked me to choose between different options, I did assume that some management would be involved if there was trouble while I was away. I had no problems the first time and never even heard from the tenant. Now there is a problem this time I have only been able to get through to the agent's secretary once when it started who said that it didn't look like a full management package and he would call me back, nothing for three weeks even though I have left over 20 answerphone messages.

* Letting agents: how should a landlord select or sack?

* HMRC (Non Resident [= overseas] Landlord Scheme)

PLEASE READ BEFORE POSTING

Can I terminate my tenant's tenancy early for having an unauthorised pet?

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