Please help! Dog in flat

ruggedtoast

jjlandlord wrote: »

You are clearly in way above your head. I repeat for the last time:

Flats are usually leasehold, this means that the landlord of the AST tenant is himself a tenant of the freeholder.

The leasehold includes terms and covenants. There are often covenants about pets.
Breach of covenants will get the landlord (leaseholder) into trouble up to his lease being forfeit.

That is why any restrictions in the leasehold must also be included in the AST agreement.
These are reasonable, enforceable, and serious terms.

This is housing law.

So you are now casting about and have made an assumption that pets are forbidden in the leashehold, based on no information whatsoever. The flat has already had dogs residing there so I think we can assume this isn't an issue.

I bet you are one of those who insists on monthly inspections while you walk around peering at walls in case anyone has put a picture pin, and muttering about your investment.

Dreadful.

jjlandlord

ruggedtoast wrote: »

So you are now casting about and have made an assumption that pets are forbidden in the leashehold, based on no information whatsoever.

I have not.

Baileyborough

Hi all,

Thanks so much for your advice on this. I've spoken to her again recently and she's essentially asked for an additional clause to be added to the Tenancy and Inventory:

"The tenant is keeping a dog in the property. It will be the tenant’s responsibility to guard against any deterioration to the condition of the property and/or damage to the property, particularly, to walls, floors, fixtures and fittings. On leaving the property, the tenant is required to reinstate and/or repair any damages, markings, wear and tear to property."

From what I can see this looks okay, but for those of you with more experience with this kind of thing, anything suspicious there?

Thanks again.

C

Pixie5740

I'm not sure about the wear and tear bit. Certainly you should repair or pay for any damages to the property but you are allowed fair wear and tear. Landlords are not allowed to deduct fair wear and tear from your deposit.

I don't know if it's worth rocking the boat on that sticking point though in case your LL turns round and says, "Sod it then, you can't have a dog, here's a Section 21."

[Deleted User]

I have two dogs in a house. This clause covers what I do anyway.., if the dog scratches a door, fill it and paint it etc. Its what you'd have to do to keep your deposit on leaving a property whether you have dogs or not. I like my place to look good, so its what I take for granted as my responsibilities anyway.

I also make sure the place doesn't smell of dogs as much as one can. LL certainly hasn't complained, in fact was complinentary yesterday on upkeep of place (didn't tell him I had to fill and repaint several doors lol)., I now have safety gates in strategic positions lol.

RuthnJasper

Baileyborough wrote: »

Hi all,

Thanks so much for your advice on this. I've spoken to her again recently and she's essentially asked for an additional clause to be added to the Tenancy and Inventory:

"The tenant is keeping a dog in the property. It will be the tenant’s responsibility to guard against any deterioration to the condition of the property and/or damage to the property, particularly, to walls, floors, fixtures and fittings. On leaving the property, the tenant is required to reinstate and/or repair any damages, markings, wear and tear to property."

From what I can see this looks okay, but for those of you with more experience with this kind of thing, anything suspicious there?

Thanks again.

C

That seems perfectly reasonable to me. She's just covering herself and not telling you that Pug cannot stay. As Duchy stated, and your original post said, the Letting Agent said that you were able to have the dog on your specific enquiry.

I think you'll be okay. I liked one of the earlier posts, which suggested inviting the LL around for a cup of tea, so that she can see that Pug is not a maurauding hell-hound obssessed with the desire to destroy the flat, but a well-behaved little companion.

Wishing you (and Pug) all the best in your flat. x

TBagpuss

"The tenant is keeping a dog in the property. It will be the tenant’s responsibility to guard against any deterioration to the condition of the property and/or damage to the property, particularly, to walls, floors, fixtures and fittings, as a result of having a pet in the property. On leaving the property, the tenant is required to reinstate and/or repair any damages, markings, wear and tear to property caused by the dog"

I'd suggest a slight amendment to clarify that you are accepting responsibility only for any damage or additional wear and tear caused by the dog

SerialRenter

TBagpuss wrote: »

I'd suggest a slight amendment to clarify that you are accepting responsibility only for any damage or additional wear and tear caused by the dog

What TBagPuss said.

Although i feel the whole additional clause is essentially irrelevant anyway as you already have these responsibilities, regardless of the type of mammal that caused the damage.

So just to keep the landlord happy, sign the amended version if you want, but don't sign away your rights regarding fair wear and tear of the property.

Also do not agree to the letting agents charging you for amending the tenancy agreement. If the landlord wants it changed, they can pay for it.

The_Negotiator

The Contract has been signed and is being performed, the only person that benefits from this change is the Landlord.

RuthnJasper

TBagpuss wrote: »

"The tenant is keeping a dog in the property. It will be the tenant’s responsibility to guard against any deterioration to the condition of the property and/or damage to the property, particularly, to walls, floors, fixtures and fittings, as a result of having a pet in the property. On leaving the property, the tenant is required to reinstate and/or repair any damages, markings, wear and tear to property caused by the dog"

I'd suggest a slight amendment to clarify that you are accepting responsibility only for any damage or additional wear and tear caused by the dog

Exactly this - it was what I was trying to say, only worded much better!