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    • higgledypiggledy_pop
    • By higgledypiggledy_pop 10th Jul 17, 11:42 AM
    • 148Posts
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    higgledypiggledy_pop
    Can I terminate my tenant's tenancy early for having an unauthorised pet?
    • #1
    • 10th Jul 17, 11:42 AM
    Can I terminate my tenant's tenancy early for having an unauthorised pet? 10th Jul 17 at 11:42 AM
    I am renting a flat to a couple on a 12 month tenancy agreement. When they applied they did not say anything about having a pet and in the tenancy agreement it states that tenants must get permission for any pets from the landlord first. I have been informed by a neighbour that one of the tenants has been seen going in and out of the flat with a dog, and the dog has also been seen in the garden. I asked the tenants about it and they claimed that it didn't belong to them but was a friend's who had been visiting or had left the dog there for a short time. I told them that I did not want a dog in the flat at all even if it was a friend's and that they should stop allowing the friend to bring the dog in, but it has been seen again since by my neighbour who watches and keeps me informed, when the woman tenant is around she often seems to have the dog with her.
    I think that the dog is probably really theirs or has been staying with them and I don't want it there. How can I go about ending their tenancy for breach of contract? Will I have to obtain proof that the dog is there? Does it matter legally whether it belongs to them or not?
    They also pre-paid all 12 months of their rent before moving in and have eight months remaining on the tenancy, will this make it harder for me to get them out?
Page 13
    • Old Git
    • By Old Git 12th Jul 17, 8:38 PM
    • 4,250 Posts
    • 3,714 Thanks
    Old Git
    Be careful they may bury the dog in the garden .A bag for life comes in useful.
    "Do not regret growing older, it's a privilege denied to many"
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 12th Jul 17, 9:28 PM
    • 148 Posts
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    higgledypiggledy_pop
    I am sure you are having a general rethink on what you have done and why but I would have thought an accountant would cost a lot less than this agent has done. Have they take 40% of your rental price for doing very little?
    .
    Originally posted by deannatrois
    Yes, it would appear that is what they have done. Though %25 of that has been fraudulently obtained
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 12th Jul 17, 9:36 PM
    • 148 Posts
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    higgledypiggledy_pop
    also, furniture can be damaged in any manner of ways. our sofa has seen more damage from a 3 year old than our dog. would you ban children too? but if any of the furniture is damaged, you can claim for this in the deposit. as long as your agent actually did a check in inventory to prove the state of the 300 year old mattress (which i hope you're not still using)? and protected the deposit? so regardless of any pets or children or a tap dancing troupe, you can claim for any damage from the tenants that's not the usual wear and tear.
    .
    Originally posted by leslieknope
    No I would most definitely not have allowed children. I thought that the current tenants would be good custodians of the place and its contents because they were reported to have decent jobs, and they looked very neat and smart, at least according to the neighbour. It would appear that the woman doesn't have the job stated originally as she is in and out all day with the dog, and clearly not working at a bank full time. They paid a large deposit against damages because of the interior but I am coming to believe that this may have been appropriated by the agent and not protected in a deposit scheme as it was supposed to be.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 12th Jul 17, 9:39 PM
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    higgledypiggledy_pop
    personally i would approach them and say while you're not happy they have a pet despite the term in the contract
    Originally posted by leslieknope
    They are very aware that I am not happy, but they fib about the reality of the situation. Furthermore any cleaning costs would presumably have been taken out of their deposit, which I cannot locate at present
    • Penitent
    • By Penitent 12th Jul 17, 9:54 PM
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    Penitent
    No I would most definitely not have allowed children.
    Originally posted by higgledypiggledy_pop
    How were you planning to prevent children?
    • deannatrois
    • By deannatrois 12th Jul 17, 10:07 PM
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    deannatrois
    I am sorry this has happened to you. Are you aware you will have to return the tenants deposit (less deductions) even if the LA has run off with it? I'm afraid even if you trusted the LA to place it in a protection scheme the responsibility for it lies with you.

    You can of course, take them to court for the loss of the deposit and possibly the tax money, but you will need to have some documentation and emails to help prove your loss.

    Did they definitely pay the rent monies into your bank account?
    • macman
    • By macman 12th Jul 17, 10:09 PM
    • 41,351 Posts
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    macman
    OP, if the tenants paid the full 12m rent upfront, why did you agree to the agent taking 15% to collect the rent? They only had to make one collection! People who are cash rich enough to do that don't need to work in banks. They're either wealthy foreigners laundering their money, or more likely, running a cannabis farm. Call me Sherlock, but that would of course explain the need for the dog-it's to protect their investment from nosey neighbours...
    On another point, since you are managing the property yourself, you are of course responsible for supplying the annual gas safety certificate at the commencement of each tenancy, and each year. I'm sure you didn't forget this? Because, as you will know as a responsible landlord, failure to do so is a criminal offence punishable by an unlimited fine or a period of imprisonment.
    Looking on the bright side though, if they do turn out to be cultivating pharmaceutical crops, then it's unlikely that they'll be reporting you for the absence of a LGSC.
    Last edited by macman; 12-07-2017 at 10:12 PM.
    No free lunch, and no free laptop
    • lovinituk
    • By lovinituk 12th Jul 17, 10:09 PM
    • 5,371 Posts
    • 6,038 Thanks
    lovinituk
    They are very aware that I am not happy, but they fib about the reality of the situation. Furthermore any cleaning costs would presumably have been taken out of their deposit, which I cannot locate at present
    Originally posted by higgledypiggledy_pop
    Do you realise they could sue you for up to 3 times the deposit because it wasn't properly protected? As the landlord you're liable.
    • Riggyman
    • By Riggyman 12th Jul 17, 10:21 PM
    • 166 Posts
    • 152 Thanks
    Riggyman
    No I would most definitely not have allowed children. I thought that the current tenants would be good custodians of the place and its contents because they were reported to have decent jobs, and they looked very neat and smart, at least according to the neighbour. It would appear that the woman doesn't have the job stated originally as she is in and out all day with the dog, and clearly not working at a bank full time. They paid a large deposit against damages because of the interior but I am coming to believe that this may have been appropriated by the agent and not protected in a deposit scheme as it was supposed to be.
    Originally posted by higgledypiggledy_pop
    What about vampires?
    • Penitent
    • By Penitent 12th Jul 17, 10:33 PM
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    Penitent
    What about vampires?
    Originally posted by Riggyman
    Don't be daft. Have you seen 30 Days of Night? They're SO messy. Blood on the floor, blood on the walls...that 18th century stuffed mattress would have no chance--it'd end up looking like the world's biggest tampon.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 11:35 AM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    I am sorry this has happened to you. Are you aware you will have to return the tenants deposit (less deductions) even if the LA has run off with it? I'm afraid even if you trusted the LA to place it in a protection scheme the responsibility for it lies with you.

    You can of course, take them to court for the loss of the deposit and possibly the tax money, but you will need to have some documentation and emails to help prove your loss.

    Did they definitely pay the rent monies into your bank account?
    Originally posted by deannatrois
    Yes, I am aware that I am in a big bloody mess. The deposit was nearly £4000 and I have no idea who I need to talk to to find out if it was registered properly of if it has been 'safeguarded' by the agent.

    At least some of the money did appear in the bank account.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 11:36 AM
    • 148 Posts
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    higgledypiggledy_pop
    OP, if the tenants paid the full 12m rent upfront, why did you agree to the agent taking 15% to collect the rent? They only had to make one collection! .
    Originally posted by macman
    The 15 % cut was supposed to cover all the expenses of finding the tenant as well, paperwork as they did not take a separate fee for this. I am embarrassed to say that I did not receive all of the rent upfront even though it was paid to the agent, it has been drip feeding into my account every month with the %40 deduction. The agent said this was for tax purposes as there would be more tax due on a lump sum. Now I am terrified that the agent knows I am suspicious and seems to be hiding, the latest rent installment is due to come in next week and so what if that stops as well?? I will be completely scuppered.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 11:46 AM
    • 148 Posts
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    higgledypiggledy_pop
    People who are cash rich enough to do that don't need to work in banks. They're either wealthy foreigners laundering their money, or more likely, running a cannabis farm. Call me Sherlock, but that would of course explain the need for the dog-it's to protect their investment from nosey neighbours...
    Looking on the bright side though, if they do turn out to be cultivating pharmaceutical crops, then it's unlikely that they'll be reporting you for the absence of a LGSC.
    Originally posted by macman
    This almost made me panic for a moment but I think you are being facetious. They look very well dressed, at least in the photographs taken by the neighbour, and the woman sounded reasonably well educated on the phone. I cannot imagine her growing a cannabis. I should have thought my neighbour would inform me if anything like that was happening there, although I doubt that she would know anything about drugs. He could just be very well paid or there could be wealthy family involved. I am not going to add THAT to the list of concerns

    However it does continue to upset me that they are fibbers, with dog, and the female does actually not seem to be working as was stated.
    • leslieknope
    • By leslieknope 13th Jul 17, 11:48 AM
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    leslieknope
    the agent has really done a number on you. have you checked they're a registered company and not one charlatan? unfortunately you are still liable for the deposit, for the tax, etc, even if the agent promised to cover this and didn't. so if they've run off with the deposit and your tax, you'll still have to pay these to the tenant at the end of the tenancy (minus any reasonable deductions) and to the taxman.

    let the issue of the dog go now. you have much bigger problems. start by contacting your agent and asking for documentation to prove they have paid the tax correctly and that the deposit has been properly protected.
    CCCC #33: £42/£240
    DFW: £4355/£4405
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 11:50 AM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    Do you realise they could sue you for up to 3 times the deposit because it wasn't properly protected? As the landlord you're liable.
    Originally posted by lovinituk
    Then I will just have to make sure that they do not find out about any of this, and be none the wiser when they eventually leave. Maybe I will also have to hope that their hound does damage something, preferably expensive and ugly so that I can take it from what they are owed!!
    • leslieknope
    • By leslieknope 13th Jul 17, 11:50 AM
    • 303 Posts
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    leslieknope
    This almost made me panic for a moment but I think you are being facetious. They look very well dressed, at least in the photographs taken by the neighbour, and the woman sounded reasonably well educated on the phone. I cannot imagine her growing a cannabis. I should have thought my neighbour would inform me if anything like that was happening there, although I doubt that she would know anything about drugs. He could just be very well paid or there could be wealthy family involved. I am not going to add THAT to the list of concerns

    However it does continue to upset me that they are fibbers, with dog, and the female does actually not seem to be working as was stated.
    Originally posted by higgledypiggledy_pop
    you have no proof that she's not working aside from the word of a nosy neighbour. she could do shift work, she could work from home as she does something for a bank completely unrelated to the actual customer banking - IT for example? don't make assumptions when they have admirably paid 12 months rent upfront and given it to a dodgy agent who is taking 40%! sort the agent out first!
    CCCC #33: £42/£240
    DFW: £4355/£4405
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 12:02 PM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    the agent has really done a number on you. have you checked they're a registered company and not one charlatan? unfortunately you are still liable for the deposit, for the tax, etc, even if the agent promised to cover this and didn't. so if they've run off with the deposit and your tax, you'll still have to pay these to the tenant at the end of the tenancy (minus any reasonable deductions) and to the taxman.

    let the issue of the dog go now. you have much bigger problems. start by contacting your agent and asking for documentation to prove they have paid the tax correctly and that the deposit has been properly protected.
    Originally posted by leslieknope
    As I have said before I have been trying to contact the agent for two weeks, firstly about the dog and now about this tax issue, I have left 20+ voicemails and now the phone doesn't even ring any more when I call so as you can see I am left out in the cold. I have checked for the name '(Agent's surname) Letting Solutions' on the Companies House web search but it does not appear, however I am told that this only registered limited companies and I don't know if that's what kind of operation the agent was running.
    • leslieknope
    • By leslieknope 13th Jul 17, 12:07 PM
    • 303 Posts
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    leslieknope
    does anything come up when you google it?
    CCCC #33: £42/£240
    DFW: £4355/£4405
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 12:07 PM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    you have no proof that she's not working aside from the word of a nosy neighbour. she could do shift work, she could work from home as she does something for a bank completely unrelated to the actual customer banking - IT for example? don't make assumptions when they have admirably paid 12 months rent upfront and given it to a dodgy agent who is taking 40%! sort the agent out first!
    Originally posted by leslieknope
    I am not making assumptions about the dog, I know for certain that it is living there! And that it is enormous! The things I am not certain about include cat, status of female and how reputable the tenants really are as it seems unlikely now that any proper employment references were obtained. The dog is even more of an issue now that I may not have any deposit to cover its dirty damages!! I will have to get an inspection done as soon as possible but I don't know who to ask, I am not dealing with any more 'professionals' after this!
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 12:10 PM
    • 148 Posts
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    higgledypiggledy_pop
    does anything come up when you google it?
    Originally posted by leslieknope
    No, not for the Letting Solutions, I did get various results for the agent's name but it is a common name for someone of Turkish origin and I have no idea if these things are related to the agent or not, there are no photos coming up that look like him.
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