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    • higgledypiggledy_pop
    • By higgledypiggledy_pop 10th Jul 17, 11:42 AM
    • 99Posts
    • 27Thanks
    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 17
    • moneyistooshorttomention
    • By moneyistooshorttomention 13th Jul 17, 3:03 PM
    • 12,803 Posts
    • 35,159 Thanks
    moneyistooshorttomention
    1. There are remedies to unwanted pregnancies or have the last 40 odd years of abortion/adoption/etc not happened apparently.

    2. They knew what the contract said - so if they decided subsequently to break it = onus on them to deal with that (ie find somewhere else to live).
    ploughing my own furrow...the rain begins with a single drop...

    #I'mWithNoel
    • Penitent
    • By Penitent 13th Jul 17, 3:07 PM
    • 1,226 Posts
    • 3,594 Thanks
    Penitent
    Why?

    The agent (or supposed agent in this case) asks them at the outset if they have any children or are pregnant. Simples....
    Originally posted by moneyistooshorttomention
    Oh, I see, you want the LL/agent to ignore equality/human rights legislation. Don't you think he's in enough trouble?
    • Pixie5740
    • By Pixie5740 13th Jul 17, 3:10 PM
    • 10,589 Posts
    • 14,562 Thanks
    Pixie5740
    Oh, I see, you want the LL/agent to ignore equality/human rights legislation. Don't you think he's in enough trouble?
    Originally posted by Penitent
    I can just imagine money as a landlord with a "no children" clause in the TA popping round with a wire coathanger and knitting needle if she found out the tenant was pregnant.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 13th Jul 17, 3:24 PM
    • 99 Posts
    • 27 Thanks
    higgledypiggledy_pop
    My sister who lives a couple of miles away has very kindly agreed to do an inspection if the tenants will ALLOW her into the property. I am going to call them today.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 13th Jul 17, 3:24 PM
    • 1,700 Posts
    • 2,455 Thanks
    ScorpiondeRooftrouser
    1. There are remedies to unwanted pregnancies or have the last 40 odd years of abortion/adoption/etc not happened apparently.

    2. They knew what the contract said - so if they decided subsequently to break it = onus on them to deal with that (ie find somewhere else to live).
    Originally posted by moneyistooshorttomention
    You surpass yourself yet again. People having abortions to avoid breaching their tenancy agreement.

    Are you trying to make a fool of yourself? Honestly, is that it?
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 13th Jul 17, 3:28 PM
    • 1,700 Posts
    • 2,455 Thanks
    ScorpiondeRooftrouser
    My sister who lives a couple of miles away has very kindly agreed to do an inspection if the tenants will ALLOW her into the property. I am going to call them today.
    Originally posted by higgledypiggledy_pop
    Honestly, I don't know what you hope to achieve by this. You have far greater problems. What do you propose to do based on the results of your inspection?
    • Penitent
    • By Penitent 13th Jul 17, 3:29 PM
    • 1,226 Posts
    • 3,594 Thanks
    Penitent
    Just to be clear: you can't discriminate against someone who's pregnant or who's had a kid within the last 6 months.

    As far as I'm aware, a private LL can put a "no children" clause in the contract, but if someone were to have kids they didn't tell you about or pop one out within the fixed term, I think it's extremely unlikely a court would allow you to boot them out for it, so you'd have to wait until the term was up and issue a S21.

    It's not as simple as MITSTM is trying to make it sound.
    • Guest101
    • By Guest101 13th Jul 17, 3:31 PM
    • 14,477 Posts
    • 14,150 Thanks
    Guest101
    I just can't believe that is true. What if it were a whole zoo? What if it were a brothel?? What if they were assembling nuclear bombs or sacrificing children at the altar??? There must be a line somewhere!
    Originally posted by higgledypiggledy_pop
    Yes there is, where the law is involved. Keeping a dog isn't illegal....
    • Guest101
    • By Guest101 13th Jul 17, 3:32 PM
    • 14,477 Posts
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    Guest101
    Why?

    The agent (or supposed agent in this case) asks them at the outset if they have any children or are pregnant. Simples....
    Originally posted by moneyistooshorttomention
    Equality act - read it...
    • Guest101
    • By Guest101 13th Jul 17, 3:33 PM
    • 14,477 Posts
    • 14,150 Thanks
    Guest101
    1. There are remedies to unwanted pregnancies or have the last 40 odd years of abortion/adoption/etc not happened apparently.

    2. They knew what the contract said - so if they decided subsequently to break it = onus on them to deal with that (ie find somewhere else to live).
    Originally posted by moneyistooshorttomention
    that's not what the law says
    • scd3scd4
    • By scd3scd4 13th Jul 17, 3:57 PM
    • 84 Posts
    • 42 Thanks
    scd3scd4
    That's not likely to happen for many reasons, but as you clearly have no knowledge on this subject matter, it's simpler to say - no, that's not possible.
    Originally posted by Guest101



    No, wear and tear would be covered. Dogs mess from a dog that should not be there would not be. Assuming the dog has hair and can not float or has accidents.


    Are you suggesting it would also be ok to smoke if the agreement said you can not with no redress. Sounds like your knowledge and common sense are missing.


    That's what I would do and then they can look into the possibility of it not happening......but thanks.
    Last edited by scd3scd4; 13-07-2017 at 4:03 PM.
    • leslieknope
    • By leslieknope 13th Jul 17, 3:58 PM
    • 196 Posts
    • 264 Thanks
    leslieknope
    prostitution and murder are illegal. keeping a pet is not.

    when their tenancy is up, please do NOT do this again. you are far too attached to your ancestral home and have zero idea what you're doing, what rights you and the tenant have, or even how to market this with a reputable agent. given you have stated you've never needed to work, you wouldn't need the money to cover a mortgage or anything so if you're going away just leave it empty and get the nosy neighbour to check it.
    CCCC #33: £42/£240
    DFW: £4355/£4405
    • moneyistooshorttomention
    • By moneyistooshorttomention 13th Jul 17, 3:59 PM
    • 12,803 Posts
    • 35,159 Thanks
    moneyistooshorttomention
    I can just imagine money as a landlord with a "no children" clause in the TA popping round with a wire coathanger and knitting needle if she found out the tenant was pregnant.
    Originally posted by Pixie5740
    Nope - just giving them their notice all officially etc.

    Since when is a contract not a contract - just because one party to it decides they personally don't wish to abide by it? They shouldnt have signed it in the first place if they had no intention of abiding by it. It's called "being responsible" and not "trying to have everything your own way - regardless of what you agreed to".

    EDIT; and before you go off on your high horse about one party has a right to break the contract and the other doesnt = I've helped someone before now get a private rental that had both a child and a pet BUT they had the child and pet already and were quite open about having them and I knew them well enough to vouch for them that both child and pet would be well-behaved. It worked out very well and both parties were very happy with the arrangement.
    Last edited by moneyistooshorttomention; 13-07-2017 at 4:05 PM.
    ploughing my own furrow...the rain begins with a single drop...

    #I'mWithNoel
    • elsien
    • By elsien 13th Jul 17, 4:03 PM
    • 14,766 Posts
    • 36,716 Thanks
    elsien
    Off topic but prostitution as in the selling of sexual services for money is not illegal. It's the associated aspects such as soliciting in a public place which breaks the law.
    Last edited by elsien; 13-07-2017 at 5:23 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Riggster
    • By Riggster 13th Jul 17, 4:03 PM
    • 169 Posts
    • 107 Thanks
    Riggster
    Would it be legally inappropriate to ask my neighbour to inspect the property?
    Originally posted by higgledypiggledy_pop
    My sister who lives a couple of miles away has very kindly agreed to do an inspection if the tenants will ALLOW her into the property. I am going to call them today.
    Originally posted by higgledypiggledy_pop

    To achieve what exactly?
    • Guest101
    • By Guest101 13th Jul 17, 4:04 PM
    • 14,477 Posts
    • 14,150 Thanks
    Guest101
    No, wear and tear would be covered. Dogs mess from a dog that should not be there would not be. Assuming the dog has hair and can not float or has accidents. - Unless ofcourse they make good the damage...


    Are you suggesting it would also be ok to smoke if the agreement said you can not with no redress. - yes that's exactly what i'm saying. Sounds like your knowledge and common sense is missing. - yes, it must be me.... With only what 7 years of knowledge in providing advice to tenants and landlords.


    That's what I would do and then they can look into the possibility of it not happening......but thanks.
    Originally posted by scd3scd4


    What would you do exactly? try to deduct from an unprotected deposit... clever....
    • n217970
    • By n217970 13th Jul 17, 4:07 PM
    • 109 Posts
    • 73 Thanks
    n217970
    Since when is a contract not a contract
    Originally posted by moneyistooshorttomention
    When it is deemed "unfair"
    • leslieknope
    • By leslieknope 13th Jul 17, 4:11 PM
    • 196 Posts
    • 264 Thanks
    leslieknope
    as a tenant it really saddens me that some people want to refuse to allow tenants to even basic things, like having a baby should they choose to. as long as the home is returned to the original state (minus normal age & wear and tear) when they leave, does it matter?
    CCCC #33: £42/£240
    DFW: £4355/£4405
    • moneyistooshorttomention
    • By moneyistooshorttomention 13th Jul 17, 4:12 PM
    • 12,803 Posts
    • 35,159 Thanks
    moneyistooshorttomention
    Perhaps the landlord/lady is friends with the neighbours and would like it to stay that way - without the hassle of trying to "fall over backwards" to apologise/try and deal with barking dogs or crying babies?
    ploughing my own furrow...the rain begins with a single drop...

    #I'mWithNoel
    • scd3scd4
    • By scd3scd4 13th Jul 17, 4:14 PM
    • 84 Posts
    • 42 Thanks
    scd3scd4
    Unless ofcourse they make good the damage...


    If they make good any damage or evidence that a dog lived there then there really would not be an issue would there....Maybe you could reread why the poster objected.




    yes that's exactly what i'm saying


    No point of deposit then is there and little need of your advise.


    What would you do exactly? try to deduct from an unprotected deposit... clever....


    Who says that is not a valid reason for the deposits use. Or is it just a game of musical money..........plain nonsense.







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