Ending a tenancy early/pets

Kynthia

Having two dogs stay day and night twice a week, every week, is having them live there part time rather than visiting. They are living there almost 30% of the time. It was foolish, or worse taking the mickey, to take a lease that prohibits pets when planning this. As the property is a flat there is a very good chance the the leasehold doesn't allow pets, or at least dogs, so the freeholder has maybe instructed your landlord to deal with it or else.

Your friend needs to either get the landlord to agree to the dogs, which might not be in their control, not have the dogs stay, or break the lease. She is lucky the landlord is allowing her to break the lease as they don't have too, and she needs to pay whatever the landlord requests to ensure they aren't out if pocket.

thesaint

Scale1234 wrote: »

Not all properties are owned by the same landlord... I think someone in the block has complained as other people in their block who own flats have animals have also had a letter about cats on the communal stairs

So it sounds like the lease disallows pets. So if that is correct, then the landlord is obligated to inform your friend of the agreement in regards to pets.

Scale1234 wrote: »

Tenancy agreement says you should not keep animals... Nothing about visitng pets.

I would like to know what it actually says, not a paraphrase.

schwam66

Scale1234 wrote: »

Hi... Posting for a friend who doesn't have internet and would be grateful for some advice...

My friend moved into a privately rented flat on 28th Jan 2014. Her partner visits on the weekend and has two dogs. Tenancy agreement says no to having pets, but nothing about visiting animals. Other people in the block of flats have cats and dogs.
The landlord has somehow found out the dogs come over at the weekend and stated this is unacceptable to have the dogs staying over two nights a week.

My friend has said that because the dogs cannot stay, then she wants to move out of the flat.
The company the landlord has got to manage the flat has emailed her saying that the landlord has agreed to release the tenancy providing my friends pays the remarketing fee of £250+ VAT and that they have full access to the flat for viewings.
Also, she is on a 12month assured short hold tenancy with no early release clause and the email states that my friend is responsible for the property, rent and bills until a new tenant moves in, or until the 12 months is up in January 2015.

Do you have any advice as to what she should do with regards to paying the remarketing fee? Also, what if the dogs are there at the weekend and the landlord wants a flat viewing? My friend has been a good tenant who always pays the rent on time etc. she is a single professional who has no wild parties, just a partner who stays at the weekends with 2 quiet dogs.

Many thanks for your help

crazy to think that she can have pets there 2 days a week even though the agreement says NO PETS .....you cant really comment on the other flats as maybe those pay extra or are in a bad state and the owner lets them have them....if her agreement says NO PETS then she cant have pets there.....

the landlord has every right to do as he is doing...if it was me i would be applying a fee of some sort to your friend for blatantly breaking the agreement.....

schwam66

Ms_Chocaholic wrote: »

I think I would stay put.

The dogs are not pets in that they don't live ft at the flat, they are visiting only.

I don't think there is really anything the LL can do to evict her

hahaha you cant be serious.....the pets stay 2 days a week...either they are her pets or not the agreement says NO PETS.....you cant seriously think someone is going to spell out your boyfriend cant bring his dogs at the weekend....dont mean to sound rude to you but shocked you think that the LL isnt in his right to do what he is doing...

Pixie5740

schwam66 wrote: »

the landlord has every right to do as he is doing...if it was me i would be applying a fee of some sort to your friend for blatantly breaking the agreement.....

Good luck applying such a fee if you ever do become a landlord. Landlords don't get to punish tenants like that. If a tenant breaks, and is caught breaking, a clause in the tenancy agreement the landlord is free to start the eviction process by issuing a section 8 notice or by trying to negotiate an early surrender. Which is what this landlord is trying to do.

If have a pet has caused damage over and above fair wear & tear then he/she can claim deductions from the deposit at the end of the tenancy providing they can prove it by using good check-in and check-out inventories.

nick12

I think the LL is being reasonable here. If the TA states no pets then having dogs in the property for 2 days and 2 nights every week probably breaches this part of the agreement.

He/she could also insist on the rent being paid up until the end of the fixed period if your friend wanted to leave early. So to release them from the agreement and only ask for the immediate additional costs they would be exposed to seems, as I said, pretty reasonable.

cganesh

I disagree with most of the views above.
1. I am a landlady and would allow pets. They usually cause less wear and tear than kids, (and some adults)
2. If there is any damage you take it out of their deposit or make the tenant pay during their stay.
3. You insist on carpet cleaning before they leave.
4.I recently bought a house off a dog-owner. There was no 'doggy' smell.
5. Are you saying people cant bring their dogs with them when they visit tenants. I think that's awful. Again, if there is any damage as a result the tenant should pay and you just get them to sign something to say they will.

Pixie5740

It's quite possible that no pets is part of the leaseholder agreement rather than the landlord's decision not to allow pets.

Your friend has a few options:

1) Apologise, say that she misinterpreted the TA and continues living there and doesn't have the dogs over any more.

2) Apologise, say that she misinterpreted the TA and continues living there and continues having the dogs over hoping not to get caught again.

3) Agrees to the LL's early surrender terms which are reasonable.

4) Ignore the situation and wait to see if the LL issues a section 8 notice or a section 21 notice, then waits for a court to issue an eviction notice.