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Found to have pet in rented accommodation - Advice

questionmark78
Posts: 7 Forumite
Hi There
I have been in a flat for 2 months. I'm a good tenant, responsible, financially comfortable, stable employment.
I wasn't asked about my dog when I viewed my place, I didn't tell about my dog. There was nothing on the ad mentioning no pets either. The agent just got me to sign the lease without reading too. It was all very rushed.
A small dog, well behaved, groomed, clean, friendly, caged in the day when I am at work so no damage at all.
My neighbours love me AND the dog an always comment about not being able to hear her EVER (I was worried when I moved she may cry after the upheaval as she is quite sensitive - but she didn't).
I'm far from blameless. I know this.
When I got my copy of the lease it says no pets but permission can't be withheld unreasonably.
Now the managing agents have told my landlords I have a dog and it is not allowed according to them. My landlords don't seem that bothered, they're not happy but they will live with it for the 10 months left on my contract.
What power do these managing agents have to get me evicted?
The advice I have is that if all of my neighbours are okay and will actually vouch for me, she is not dangerous and I clean up after her religiously, I mean this dog doesn't even moult! - Then not many judges would grant an eviction order. Is that the case? Should I be worried?
Can my landlords just give me 2 months notice and that be it?
Will it affect my credit rating?
Thanks!
I have been in a flat for 2 months. I'm a good tenant, responsible, financially comfortable, stable employment.
I wasn't asked about my dog when I viewed my place, I didn't tell about my dog. There was nothing on the ad mentioning no pets either. The agent just got me to sign the lease without reading too. It was all very rushed.
A small dog, well behaved, groomed, clean, friendly, caged in the day when I am at work so no damage at all.
My neighbours love me AND the dog an always comment about not being able to hear her EVER (I was worried when I moved she may cry after the upheaval as she is quite sensitive - but she didn't).
I'm far from blameless. I know this.
When I got my copy of the lease it says no pets but permission can't be withheld unreasonably.
Now the managing agents have told my landlords I have a dog and it is not allowed according to them. My landlords don't seem that bothered, they're not happy but they will live with it for the 10 months left on my contract.
What power do these managing agents have to get me evicted?
The advice I have is that if all of my neighbours are okay and will actually vouch for me, she is not dangerous and I clean up after her religiously, I mean this dog doesn't even moult! - Then not many judges would grant an eviction order. Is that the case? Should I be worried?
Can my landlords just give me 2 months notice and that be it?
Will it affect my credit rating?
Thanks!
0
Comments
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They have whatever right they want to terminate it after the 12 months contract has expired (with appropriate notice). Obviously it's the landlords property not the agents, and so they cannot serve any notices without the landlords permission.
You can refuse to leave, until you are served a court issued eviction notice, but that will not work out in your favour. Best off continuing to stay on the best side of good as you've potentially already breached the terms of your contract, which is already a solid ground for eviction should it come to it.
There may be some sort of insurance matter somewhere, but I can't think of anything unless the property is on a fully managed service to the agents including all repairs etc, and their insurance doesn't cover pets, I'm not sure.0 -
questionmark78 wrote: »Hi There
There was nothing on the ad mentioning no pets either. The agent just got me to sign the lease without reading too. It was all very rushed.
I'm assuming you now realise that it was a very bad idea to sign something without reading it. You should check it over now for any other surprises.questionmark78 wrote: »When I got my copy of the lease it says no pets but permission can't be withheld unreasonably.
You may be reading more into that last bit than actually applies. No contract terms can be unreasonable. The "can't be withheld unreasonably" is there to let you know that when they say no, it is for a reason, so that you don't bother trying to argue that they are being unreasonable.
A casual search of this forum will bring up plenty of threads explaining why landlords may not wish to have pets in their properties. It doesn't matter if you don't agree with those reasons. The reasons still exist. They don't even need to explain their reasons to you; it's enough that they have them.
Now the managing agents have told my landlords I have a dog and it is not allowed according to them. My landlords don't seem that bothered, they're not happy but they will live with it for the 10 months left on my contract.questionmark78 wrote: »What power do these managing agents have to get me evicted?
None. The landlord decides. Your contract is with the landlord.questionmark78 wrote: »The advice I have is that if all of my neighbours are okay and will actually vouch for me, she is not dangerous and I clean up after her religiously, I mean this dog doesn't even moult! - Then not many judges would grant an eviction order. Is that the case?
Maybe. It's fairly unlikely that your landlord will try to evict you when you can be gone in 10 months anyway. It will take a lot of time and money for them to turn a "maybe" into a "yes".questionmark78 wrote: »Should I be worried?questionmark78 wrote: »Can my landlords just give me 2 months notice and that be it?
No; since you're in your fixed term they have to give you a notice that you breached your agreement and that they seek possession because of that:
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/notice_from_the_landlord
Then if you do not leave they have to apply for a possession order:
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/the_steps_involved_in_evicting_private_tenants
It can take a long time and is a lot of hassle which is why I think they will prefer to issue you with a no cause notice for when your fixed term is up.questionmark78 wrote: »Will it affect my credit rating?
Not unless you stop paying rent. What it may do is prevent you from getting a good reference.0 -
Do you mean the people who manage the building or the letting agents? If its the latter I wouldn't worry, if the former and there is some kind of no pet covenant you may have more of a problem.0
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I have to say if I were the landlord I would be ... err... miffed!
With you:
* you have a dog - you should have asked/checked
* the tenancy agreement says 'no dogs' - you signed it
and with my agents:
* they should have given you time to read the tenancy agreement
* they should have checked you were complying with all the terms (not just the pets clause)
What the neighbours think is really not relevant!
And the issue with dogs is not only noise, molting, damage, but also smell and fleas.
1) dog owners never smell their own pets. I bet you'll claim your dog does not smell. But I bet after you move out, I'd be able to smell it (and so will my next prospective tenants who will choose to rent somewhere else!)
2) Yes, of course you'll tell me the dog has no fleas. That you give him special pills, or he wears a flea collar. Can I be sure? What happens after you move out (leaving the property clean and spotless), the next tenants move in, and a week later they complain to me of fleas? I have to deal with it. AND I've now got really unhappy and p*ssed off new tenants!
Frankly, as a LL, I just don't want the risk.
Having said all that, evicting a tenant in these circumstances is hard. I could use S8 breach of contract and go to court. Possession is at the judge's discretion and he might/might not grant it. It costs me money. I lose a tenant and rent. I have to re-advertise.
And I still have the smell and flea risk to deal with!
So I'd issue a S21, wait till the 12 months is up and refuse to renew the tenancy and evict you then.
And deduct the cost of flea treatment from the deposit.0 -
has your tenancy got a 6 month break clause ."Do not regret growing older, it's a privilege denied to many"0
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Whilst a LL can decide not to renew a tenancy for any reason they like, it's not at all easy for them to evict you early due to having a pet.
Courts take removing people from their homes very seriously and for discretionary grounds for eviction (which this would be - it means the judge can decide if to evict or not) they would use their common sense.
If the breach amounts to a technicality then they are unlikely to evict. For example, if you had a stick insect or a gold fish then that would clearly be ridiculous (and IIRC there has been a court decision on the goldfish issue in Europe!).
A dog is a bit more of a grey area. If the LL can prove damages are being caused, they would stand more chance. Or if the head lease specifically prohibits pet ownership and has legal consequences for the landlord. If there is no damage and no prohibition from the freeholder then I'm not sure that they would succeed (but I really don't know).
So in reality, as everyone has said the most likely course of action is S21 notice at the end of the tenancy, and the possibility of no reference.0 -
This has just happened to someone we know. Tenants have moved into flat without informing the owner/letting agent that they were dog owners and smokers. The owners told us that they did not want smokers or pet owners as this had been their home.
Unfortunately the new tenants are being totally unsociable and allowing their dog (one of the chav type ugly things that some find intimidating) to urinate and defecate in the communal car park (although they do pick up when they think about it - not immediately), they also stand smoking outside the communal entrance and the place is littered with butt ends. I am waiting to hear what is happening (this is their first let due to moving abroad) but I am astonished to read that they may not be able to get rid of them until the tenancy is up.0 -
When you mentioned 'lease', is that the lease to the flat, or something you have been given relating to your tenancy? Most leases on flats don't permit dogs (and various other animals). Anyone renting or buying a flat would surely put that as priority when searching? I certainly would not take a gamble!
Bit of a case of shutting the gate once the horse has bolted now. Hope you can come to some sort of arrangement with the freeholder, leaseholder(s), managing agents and whoever else might end up involved.
Jx2024 wins: *must start comping again!*0 -
Sorry to but it, but from reading the OP the impression I got was that the LL would like to see the remaining 10 months of the contract out... OP is asking specifically about the management company and what action they can bring about.0
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If your LL is not bothered as you say I would communicate with them to try to keep it amicable so they are not tempted to give you notice at the end of the fixed term.
The agent will probably be enthusiastic about serving notice so they can get another set of fees from new tenants and the LL.0
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