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Found to have pet in rented accommodation - Advice

2

Comments

  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    To keep the LL sweet, you could:

    offer the LL regular inspections

    offer an increase in your deposit to cover pet damage

    offer to have the place professionally cleaned/treated to remove smells, fleas etc at the end of tenancy
  • for all of this advice
    i can't tell you how much i appreciate it
    :D
  • dgtazzman
    dgtazzman Posts: 1,140 Forumite
    edited 1 May 2013 at 7:10PM
    I'd just talk to your LL, apologize for the misunderstanding and make it clear you don't want any bad blood between you. Clearly state you have no issues with being liable for any damage caused by your dog and are willing to sign a statement to that effect and offer to have the flat professionally cleaned (maybe even treated for fleas) when you eventually leave to take away any doubt as to your goodwill. It will cost you a few 100 when you leave, but at least it might save the tenancy so you don't have to go looking for a new place to live when the year is up.

    I'd communicate directly with the LL if you have his details and CC in the management company, so they can see an agreement has been made and have no grounds to bother you anymore
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you mean the management agent, on behalf of the freeholder, has reported that having a dog in the property is against the building lease then you and your landlord could have a problem.

    When your landlord bought the property they agreed to the building lease. If this stated no pets, which most flat leases do, then your landlord is now in breach of this. The freeholder could now threaten your landlord with losing the property and therefore the landlord would have to evict you to prevent this. This is the worst case scenario.
    Don't listen to me, I'm no expert!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    DRP wrote: »
    To keep the LL sweet, you could:

    offer the LL regular inspections

    offer an increase in your deposit to cover pet damage

    offer to have the place professionally cleaned/treated to remove smells, fleas etc at the end of tenancy
    As Kynthia, Hazy Jo and ruggedtoast have flagged up, this sounds as though there may be an issue with the LL's own lease on the property, in which case the above suggestions would make no difference.
    martindow wrote: »
    The agent will probably be enthusiastic about serving notice so they can get another set of fees from new tenants and the LL.
    We need the OP to confirm which sort of agent s/he is referring to - it may be the agent representing the FH interests, rather than an LA acting on behalf of the LL.
  • Hi again,
    Can I ask a further few things?
    I am being very amicable with the LL saying I will find them a new tenant if the Managing Agents will not make an exception to keep a dog for the next 10 months of my contract if they let me stay until end of July.
    LL is adamant that if they incur any costs in getting another tenant it will come out of my deposit, can they do that?
    If they take me to court to be evicted and they pay costs for that, can they try to get those fees from me too?
    Thanks
  • chucknorris
    chucknorris Posts: 10,795 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A small dog, well behaved, groomed, clean, friendly, caged in the day when I am at work so no damage at all.

    It is your dog that I feel sorry for.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • timbo58
    timbo58 Posts: 1,164 Forumite
    Hi again,
    Can I ask a further few things?
    I am being very amicable with the LL saying I will find them a new tenant if the Managing Agents will not make an exception to keep a dog for the next 10 months of my contract if they let me stay until end of July.
    LL is adamant that if they incur any costs in getting another tenant it will come out of my deposit, can they do that?
    If they take me to court to be evicted and they pay costs for that, can they try to get those fees from me too?
    Thanks


    I'd read your TA very carefully: I would assume (although there are more experienced posters than I who will, no doubt, add some good advice soon) that your LL CAN withold money from your deposit for damages caused during the tenancy whatever caused them, and potentially pursue you for losses beyond the deposit through the SCC, the TA might have more detail on this specific query.

    The worst problem you have realistically is unless you 'walk on water' and the LL is ecstatic about your tenancy behaviour in the remaining 10 months you'll be likely to get a fairly poor reference which may well screw up any further tenancies, as there can't be many LL's/LA's who don't at least check employer/last tenancy references IME.

    As others have said: the opinions of your neighbours aren't really all that relevant -sure, if they were all complaining it would make the situation far more untenable, but at best it makes no defence.

    To be fair it's what neighbours would be saying behind your back I'd worry about, people can be quite hypocritical at times.

    Almost all ASTs have a no pets clause because almost all LLs have had issues with tenants pets -it's unfair to judge everyone like that- but that's life!
    Hope you get it sorted.
    Unless specifically stated all posts by me are my own considered opinion.
    If you don't like my opinion feel free to respond with your own.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Hi again,
    Can I ask a further few things?
    I am being very amicable with the LL saying I will find them a new tenant if the Managing Agents will not make an exception to keep a dog for the next 10 months of my contract if they let me stay until end of July.
    LL is adamant that if they incur any costs in getting another tenant it will come out of my deposit, can they do that?
    If they take me to court to be evicted and they pay costs for that, can they try to get those fees from me too?
    Thanks

    Answer to both your questions is "Yes"

    Most landlords don't bother as by the time they get rid of the tenant the deposit is already used up in rent arrears or other damage.

    BTW I've lived in 2 flats were the lease stated no pets. As a result the tenancy contracts said no pets.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    LL is adamant that if they incur any costs in getting another tenant it will come out of my deposit, can they do that?

    It's a bit hard to understand your last post, but assuming you are talking about an early release from the tenancy, they can pick any basis they like to agree to it on. Early surrender of a tenancy is a matter for negotiation really (that goes for both sides).

    It is normal for re-letting fees to be paid by a departing tenant HOWEVER normally that is because it is a tenant leaving because the want to. You can always tell the LL you will not leave if they are going to charge you money and they can try to evict you instead. They might then back down just to get rid of you, but you might lose your reference. Up to you.
    If they take me to court to be evicted and they pay costs for that, can they try to get those fees from me too?

    They can try. Whether they succeed or not depends on the type of claim they make, how reasonable you both have been, etc.

    A quick question, has your deposit been appropriately protected?
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