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  • FIRST POST
    • 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 20
    • scd3scd4
    • By scd3scd4 14th Jul 17, 1:23 PM
    • 304 Posts
    • 271 Thanks
    scd3scd4
    it's not his house at the moment....
    Originally posted by Guest101
    The dog doesn't know that?
    Last edited by scd3scd4; 14-07-2017 at 2:32 PM.
    • Penitent
    • By Penitent 14th Jul 17, 2:26 PM
    • 1,360 Posts
    • 4,135 Thanks
    Penitent
    Leave him............he don't want the smelly, flea bag mut of a poo factory in hes house.
    Originally posted by scd3scd4
    Then he shouldn't have let out his flat.
    • scd3scd4
    • By scd3scd4 14th Jul 17, 2:31 PM
    • 304 Posts
    • 271 Thanks
    scd3scd4
    Then he shouldn't have let out his flat.
    Originally posted by Penitent

    He never let it out to the dog did he?
    • Guest101
    • By Guest101 14th Jul 17, 2:33 PM
    • 15,147 Posts
    • 14,752 Thanks
    Guest101
    He never let it out to the dog did he?
    Originally posted by scd3scd4
    I don't know how many times telling you its legally irrelevant it will take before you get the message
    • Penitent
    • By Penitent 14th Jul 17, 2:37 PM
    • 1,360 Posts
    • 4,135 Thanks
    Penitent
    He never let it out to the dog did he?
    Originally posted by scd3scd4
    Of course he didn't let it to a dog. He let it to people and people sometimes do stuff in their homes that the owner might not like, including keeping pets, committing crimes and painting the walls with their bodily fluids. If you're not prepared to deal with that, don't let out your property.
    Last edited by Penitent; 14-07-2017 at 3:04 PM. Reason: *sings* I'm too grumpy for this thread, too grumpy for this thread, no way I'm disco dancing.
    • scd3scd4
    • By scd3scd4 14th Jul 17, 2:37 PM
    • 304 Posts
    • 271 Thanks
    scd3scd4
    I don't know how many times telling you its legally irrelevant it will take before you get the message
    Originally posted by Guest101

    Can we evict the dog?
    • Guest101
    • By Guest101 14th Jul 17, 2:38 PM
    • 15,147 Posts
    • 14,752 Thanks
    Guest101
    Can we evict the dog?
    Originally posted by scd3scd4


    <not worth getting banned over....> - 'no'
    • lovinituk
    • By lovinituk 14th Jul 17, 2:43 PM
    • 5,371 Posts
    • 6,037 Thanks
    lovinituk
    <not worth getting banned over....> - 'no'
    Originally posted by Guest101
    I've just received an infraction from another thread so I'm biting my tongue!!
    • Guest101
    • By Guest101 14th Jul 17, 2:50 PM
    • 15,147 Posts
    • 14,752 Thanks
    Guest101
    I've just received an infraction from another thread so I'm biting my tongue!!
    Originally posted by lovinituk
    That's the problem with the forum, infractions are handed out unnecessarily in many cases.


    But ye, best just keeping it civil.


    Scd is clearly out to get a reaction
    • scd3scd4
    • By scd3scd4 14th Jul 17, 3:01 PM
    • 304 Posts
    • 271 Thanks
    scd3scd4
    That's the problem with the forum, infractions are handed out unnecessarily in many cases.


    But ye, best just keeping it civil.


    Scd is clearly out to get a reaction
    Originally posted by Guest101
    No it was just a bit of humour in a strange old thread. I assume/hope a little joke now and again is still allowed while saving money.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 14th Jul 17, 3:15 PM
    • 1,893 Posts
    • 2,816 Thanks
    ScorpiondeRooftrouser
    Ah, I see. I think the issue was that it wasn't funny, so people weren't picking up on the fact that it was humour.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 14th Jul 17, 6:55 PM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    How can you possibly think that drip feeding would reduce your tax bill? Income tax is calculated on your income within the tax year, whether it's paid in one lump sum or in monthly instalments.
    Who has been handling your tax returns in the past, since you have apparently been self employed?
    BTW, my comments about a cannabis farm were entirely serious: how did the tenants otherwise come to pay not only 12m rent upfront but £4K deposit as well? I'm guessing they paid out a lump sum of maybe £28K in total? Did you ask the agent to find someone who would pay upfront?
    The people who 'front' such farms are of course well dressed, have impeccable (fake) references and cash upfront. They are not of course the people who actually tend the farm.
    Originally posted by macman
    Any money business has been handled by family and solicitor, accountant (don't hear much from him these days) and I don't think would be categorised as employment in the sense you are referring to. I have never filed any kind of return myself but someone may have done this in the past on my behalf if it was necessary. However I have made an appointment to speak with the accountant next week.

    I did not specifically ask for tenants who could pay upfront, thinking back I remember there was some reason why they did this, but I really can't remember exactly now.

    I may be easy to lead on with silly comments but I don't understand why you are saying the only way someone could get their hands on cash upfront is by running a cannabis farm of all things. If he does work at his bank (investment bank) I would have thought he could earn several times the yearly rent in his annual bonus. I also really don't think my property would lend itself to such a venture, why would someone bother spending a lot of money on a smart place with antique furnishings if all they wanted to do was grow plants?? The orangery is shared with other flats and has nothing strange in it, I do think you are trying to wind me up.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 14th Jul 17, 6:56 PM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    I don't know whether or not there's a dog there; that's not my point.
    You seem to be saying that they have told you there is a dog that exists somewhere (dogs do exist; this is widely accepted by scientists) but they don't own it and it isn't in your house. So what, exactly, has she admitted to you? That her cousin has a dog? What?
    Originally posted by ScorpiondeRooftrouser
    That she had the dog in the flat at the time. That it would be on its way away shortly (not true)
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 14th Jul 17, 7:02 PM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    I have not had any response yet from the tenants in respect to my request to make an inspection. Am I right in thinking that there is nothing I can do but wait and hope they will agree?
    • Pixie5740
    • By Pixie5740 14th Jul 17, 7:05 PM
    • 10,827 Posts
    • 14,959 Thanks
    Pixie5740
    I have not had any response yet from the tenants in respect to my request to make an inspection. Am I right in thinking that there is nothing I can do but wait and hope they will agree?
    Originally posted by higgledypiggledy_pop
    What does the tenancy agreement say in relation to access for inspections? Did you put the request in to access the property in writing?

    £10 to a charity of your choice says, "don't know", for the first questions and, "no," to the second not least because this tenancy is most likely a fantasy.
    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.
    • deannatrois
    • By deannatrois 15th Jul 17, 12:50 AM
    • 4,747 Posts
    • 6,676 Thanks
    deannatrois
    You will probably have to speak to a solicitor about access. As far as I understand it, you might have some success if you needed access in an emergency (ie. a water leak) but not guaranteed just for an inspection. Even if your tenancy agreement says you should be given access for inspections with 24 hours notice, a judge 'may' decide this infringes a tenants right to quiet enjoyment. They may not. The outcome can't be guaranteed. Judges can be funny things!

    There are grey areas, different points of view in this area of law. So a lot depends on who the judge is, his point of view and if its worth taking the risk of a court case for the outcome you want (an inspection). I know I went to court absolutely certain of the outcome, the judge went against what I understood the law to be, and the judgement went against us.., and that's more common than you think. To some degree it also depends on how good the tenant are at arguing their side of the case as well. They may be what we call 'professional tenants' who manage to delay and confuse what seems to be a perfectly clear case.

    Its also difficult because you are not near the property. If you went there, you would at least stand a chance of a conversation and could see through the door what state the place was in, but you could also make the situation worse if the conversation wasn't handled carefully. A professional tenant could accuse you of harrassment even if you conducted yourself perfectly.

    You could get advice from somewhere like https://www.landlordaction.co.uk/ or a similar organisation who seem to have a good understanding of tenancy law. But I doubt you could evict the tenants as you want as they are still in their fixed period, even if they have broken a clause in the tenancy agreement. But I think you do need some advice re deposit responsibilities etc, what action if any you can take against the LA. So these people might be useful for advice. There will probably be a cost even for advice though.
    • Riggyman
    • By Riggyman 15th Jul 17, 1:19 AM
    • 162 Posts
    • 149 Thanks
    Riggyman
    Even if you do get access for an inspection, so wat????
    • AndyT678
    • By AndyT678 15th Jul 17, 11:36 AM
    • 713 Posts
    • 956 Thanks
    AndyT678
    The orangery is shared with other flats and has nothing strange in it, I do think you are trying to wind me up.
    Originally posted by higgledypiggledy_pop
    Is it a chocolate orangery by any chance?
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 17th Jul 17, 5:48 PM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    You will probably have to speak to a solicitor about access. As far as I understand it, you might have some success if you needed access in an emergency (ie. a water leak) but not guaranteed just for an inspection. Even if your tenancy agreement says you should be given access for inspections with 24 hours notice, a judge 'may' decide this infringes a tenants right to quiet enjoyment. They may not. The outcome can't be guaranteed. Judges can be funny things!
    .
    Originally posted by deannatrois
    Thank you, but I have been lucky, the tenants have returned my message and agreed to an inspection! They claim to currently be away on holiday but will let my proxy in on Thursday when they return.
    • higgledypiggledy_pop
    • By higgledypiggledy_pop 17th Jul 17, 5:51 PM
    • 148 Posts
    • 47 Thanks
    higgledypiggledy_pop
    Even if you do get access for an inspection, so wat????
    Originally posted by Riggyman
    Peace of mind, that's 'wat'. The fact that they have agreed to allow me (my sister) to look at the place has already put me much at ease.
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