Renting house with no pet in tenancy agreement

tomhudson21

Hi all

We signed a house for a year two months ago. There is a no pets rule in the tenancy agreement. Due to some family circumstances I've ended up with the family cat as he can't stay with my father any more. There is only me who could look after him in our family so for now I'd like to see if there is anything I can do.

We informed the landlord, but she will not move on the no pets rule. I'm not debating that though, it's in the agreement , I get that.

My question is how liable I would be if we considered moving properties? Given I have ten months of the contract left, I assume I'd be liable for that to begin with. Also, I assume I'd have to pay the fees due to the letting agents having to find new tenants. Does anyone have any advice or idea of the extent of this?

I'd love to say it would be easy to just give him away but he's just family to me so I'd likely pay a ridiculous amount to keep him. I'm trying not to be irrational, but unfortunately i don't seem to have a choice!

marksoton

The mistake you made was informing an intractable LL.

It's not often i advise subterfuge but you should have said nothing and made good any damage by said cat.

Personally i'd just keep my head down and see out the tenancy.

G_M

Is there a Break Clause in the tenancy agreement.

If not, and you wish to surrender the tenancy early, it is a matter of negotiation as to
* whether the landlord agrees
* what conditions (eg costs) the LL imposes in return for for his agreement

I hesistate to suggest this, but you could always simply stay + cat. The LL might try to evict you for breach of contract, but
a) then your tenancy would be ended which is what you want, but
b) I doubt a court would end the tenancy for this breach. The worst the court might do is order you to remove the cat.

But of course when the tenancy ends, cleaning/de-fleaing costs might well be passed on to you.

(yeah yeah! I know! Your cat does not have fleas!)

tomhudson21

Yes I'm regretting informing now, but I thought I'd do the reasonable thing and that's not went well.

I'm unsure on the break clause agreement, I'll discuss with the letting agents tomorrow. I would not want to stay and just do nothing, I'd be nervous of what legal implications it may result in if the landlord is dead set against it.

In fairness, he's come fully litter and house trained. He only scratches his post. He doesn't go outside. He's definitely not got fleas!! If we did just do nothing I'm fairly confident the damages would be minimal. The temptation to do nothing is there but what if the landlord does try to evict us. Would I then be liable for all unpaid rent until they find new tenants and any fees involved in finding said tenants?

KiKi

I know it's not ideal, but personally, I'd just keep the cat, and make sure he wasn't there for any inspections, and that you move at the end of your tenancy. If you get into trouble, then you can pay up then, but it's unlikely they'll know - and there's no reason they will if you leave the house as you found it. Most cats don't wreck houses, as long as he's regularly de-flead (Advocate is brilliant for this). And if you'd have to pay out the tenancy anyway, then you might as well risk it and pay out if you're found out (unless you need a good reference, of course...). I don't usually suggest that, but as a one-off for a house cat it seems daft to me, but then I'm not a LL who's against pets.

Like you, though, I'd pay thousands for my cats!

iammumtoone

If you haven't already done so change the locks, you don't want an unexpected visit now the landlord will be on alert.

I would just keep the cat, whats going to happen if there is any 'cat' damage, you will have to pay just as you would any other damage and how would landlord prove it was caused by a cat?

In the unlikely event you do get 'caught' you will need to move out, so will be in no worse a position than now.

Do treat the cat every month for fleas and spray the house with indorex to be on the safe side, even indoor cats can pick up fleas.

marksoton

tomhudson21 wrote: »

Yes I'm regretting informing now, but I thought I'd do the reasonable thing and that's not went well.

I'm unsure on the break clause agreement, I'll discuss with the letting agents tomorrow. I would not want to stay and just do nothing, I'd be nervous of what legal implications it may result in if the landlord is dead set against it.

In fairness, he's come fully litter and house trained. He only scratches his post. He doesn't go outside. He's definitely not got fleas!! If we did just do nothing I'm fairly confident the damages would be minimal. The temptation to do nothing is there but what if the landlord does try to evict us. Would I then be liable for all unpaid rent until they find new tenants and any fees involved in finding said tenants?

Your pets behaviour is irrelevant.

You'll be liable for payments till your tenancy ends.

G_M

tomhudson21 wrote: »

...

I'm unsure on the break clause agreement, I'll discuss with the letting agents tomorrow.
??? Mad. They might simply say 'no' to be difficult.

READ YOUR TENANCY AGREEMENT!

I would not want to stay and just do nothing, I'd be nervous of what legal implications it may result in if the landlord is dead set against it.

See my post above.

In fairness, he's come fully litter and house trained. He only scratches his post. He doesn't go outside. He's definitely not got fleas!!

All irrelevant.

He might start scratching the furniture in the next 6 weeks. Or pick up fleas.

And even if he doesn't, the LL won't know he doesn't have fleas.

I would never let a new tenant move into a property that had previously had dogs/cats without de-fleaing first just in case. it would not be fair on the incoming tenants.

tomhudson21

iammumtoone wrote: »

If you haven't already done so change the locks, you don't want an unexpected visit now the landlord will be on alert.

I would just keep the cat, whats going to happen if there is any 'cat' damage, you will have to pay just as you would any other damage and how would landlord prove it was caused by a cat?

In the unlikely event you do get 'caught' you will need to move out, so will be in no worse a position than now.

Do treat the cat every month for fleas and spray the house with indorex to be on the safe side, even indoor cats can pick up fleas.

I imagine me changing the locks is not advisable and likely not allowed under tenancy agreements?

Thank you for the rest of your comments though.

tomhudson21

G_M wrote: »

Originally Posted by tomhudson21 View Post
...

I'm unsure on the break clause agreement, I'll discuss with the letting agents tomorrow.
??? Mad. They might simply say 'no' to be difficult.

READ YOUR TENANCY AGREEMENT!

I would not want to stay and just do nothing, I'd be nervous of what legal implications it may result in if the landlord is dead set against it.

See my post above.

In fairness, he's come fully litter and house trained. He only scratches his post. He doesn't go outside. He's definitely not got fleas!!

All irrelevant.

He might start scratching the furniture in the next 6 weeks. Or pick up fleas.

And even if he doesn't, the LL won't know he doesn't have fleas.

I would never let a new tenant move into a property that had previously had dogs/cats without de-fleaing first just in case. it would not be fair on the incoming tenants.

When we signed our tenancy we did it electronically online. As such, we don't actually have a copy of our agreement. The letting agents will have to provide me with this, but since I'll be discussing with them anyway I may as well check with them? It's worth noting they have been quite supportive so far and they are not the landlord denying the request themselves. That said, I am aware they will always take the landlords side here.

Pixie5740

tomhudson21 wrote: »

I imagine me changing the locks is not advisable and likely not allowed under tenancy agreements?

Thank you for the rest of your comments though.

Rather than imagining get a copy of your TA (I can't believe you don't have one even if it was signed electronically) and read it. Even if your TA says you can't change the locks how would your LL find out? He/she needs to give notice before entering the property* so you'd know (S)he was coming and could change the locks back in time for the visit.

Without a break clause you can't end your tenancy early unless you negotiate an early surrender. Keep the cat and if your LL finds out (s)he might issue a Section 8 notice based on a breach of the TA but it's a discretionary ground for eviction, a judge might not issue an eviction order. Alternatively they could issue a Section 21 you can't be evicted that way during a fixed term so you'd be no worse off than you are now.


*Yeah, yeah I know the LL can enter in an emergency but the tenant is more likely to be aware that their home is flooding/on fire/subsiding into a sinkhole before the LL is ever informed.