Heavy-handedly dealt with for having someone visit with a pet (tenancy)

kasabain21

Hi Guys,

I'm in a bit of a quandary here and i was wondering whether anyone could offer some help or advice or share their experience of this.

There is a strict no pet policy as part of my tenancy agreement and my contract states, "not to keep any animals or birds (whether domesticated or otherwise) in the premises". To me this is not very clear.

The issue is having someone visiting with a dog, in this case my girlfriend who comes most weekends for a day or two with the dog. Someone has complained and has seen me take the dog out by myself and I received a letter accusing me of having a dog living in the flat. No questioning or innocent until proven guilty, just a flat-out 'you have a dog living in the flat get rid of it'. This has annoyed me, as I know people in the buildings that actually have permanent pets, yet I the one with the visiting pet gets 'disciplined'. I have been doing this for nearly a year now and there's never been an issue - the porters on site have even told me it's ok so long as the dog is on a lead and isn't causing nuisance, which it never ever does.

Do I have any leg to stand on? I could get into semantics and the ambiguity of the clause, but I don't know what to do to be honest. I'm just getting heavy-handedly palmed off by the management company who say pets are forbidden, but my contract doesn't state this.

Any help would be greatly appreciated.

Thanks.

anselld

Nothing the can do to enforce this. Your LL may decide to serve s21 though if you make life too difficult but that could not take effect until the end of your fixed term.

Guest101

Mostly unenforceable from a paying a penalty point of view, that's the usual threat.

However costs for cleaning the flat if you leave pet mess ( fur, scratches etc) can be claimed for against your deposit

They could also issue a s8 notice as you have breached the tenancy

DaveTheMus

It sounds as though a neighbour has complained about you, they might have done this for a few reasons:

- they don't like you. Any disagreements lately?
- you don't pick up the dog mess when walking it. Who's windows look onto the are you walk the dog?
- the dog whines and barks when you leave him alone. Is the dog nervous?

Miss_Marple_2

If I were a landlord, I would class a dog that 'visits' most weekends & over night as being kept by the tenant for the purposes of the lease - especially as you say that the dog has been there nearly every weekend for a year. (assuming that, when you say 'a day or 2', that you mean that it is an overnight stay rather than 2 separate visits on 2 days ?)

If the dog 'visited' you on separate days, then no problem, but you are saying that a dog is with you most weekends - so the dog is still going to be doing the things to the flat that landlords don't like - potentially causing damage & giving the place that doggy smell ( which, whilst I love dogs, is not the most pleasant and does linger even when the place has been cleaned)

Of course, if the dog is just popping in for afternoon tea, I would say that the landlord is being a bit harsh.

I've no legal knowledge on the subject, though, so feel free to ignore me.

Guest101

Miss_Marple wrote: »

If I were a landlord, I would class a dog that 'visits' most weekends & over night as being kept by the tenant for the purposes of the lease - especially as you say that the dog has been there nearly every weekend for a year. (assuming that, when you say 'a day or 2', that you mean that it is an overnight stay rather than 2 separate visits on 2 days ?)

If the dog 'visited' you on separate days, then no problem, but you are saying that a dog is with you most weekends - so the dog is still going to be doing the things to the flat that landlords don't like - potentially causing damage & giving the place that doggy smell ( which, whilst I love dogs, is not the most pleasant and does linger even when the place has been cleaned)

Of course, if the dog is just popping in for afternoon tea, I would say that the landlord is being a bit harsh.

I've no legal knowledge on the subject, though, so feel free to ignore me.

You're quite right, but you couldn't do anything about it really. S8 is unlikely to succeed on that basis alone.

lighting_up_the_chalice

Seems pretty clear to me. You agreed "not to keep any animals or birds (whether domesticated or otherwise) in the premises". However, you admit that you do "keep any animals or birds (whether domesticated or otherwise) in the premises". You have also been seen to "keep animals or birds (whether domesticated or otherwise) in the premises". Now the agent has written to remind you "not to keep any animals or birds (whether domesticated or otherwise) in the premises".

What you do about it is up to you. You could carry on as you are or decide "not to keep any animals or birds (whether domesticated or otherwise) in the premises".

Your landlord equally has a choice. He can decide to evict you, or not.

That's the gamble.

lighting_up_the_chalice

Guest101 wrote: »

You're quite right, but you couldn't do anything about it really. S8 is unlikely to succeed on that basis alone.

You could evict, using S21.

quidsy

Write back stating they are incorrect. Send it registered. No other explaination required. See what they do.

kasabain21

DaveTheMus wrote: »

It sounds as though a neighbour has complained about you, they might have done this for a few reasons:

- they don't like you. Any disagreements lately?
- you don't pick up the dog mess when walking it. Who's windows look onto the are you walk the dog?
- the dog whines and barks when you leave him alone. Is the dog nervous?

Hi,

No, never really speak to them expect for saying 'hi'.

Always pick up the mess and it never goes to toilet anywhere near the buildings.

It is the most obedient, friendly and quiet dog you'll ever meet. Never barks, growls or anything along those lines. Plus, the dog is never left alone. We go out most of the day then come back at night, go to bed then get up and go out again.

Guest101

lighting_up_the_chalice wrote: »

You could evict, using S21.

Which has been said already