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Can I terminate my tenant's tenancy early for having an unauthorised pet?

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Comments

  • *~Zephyr~*
    *~Zephyr~* Posts: 612 Forumite
    Eighth Anniversary 500 Posts Combo Breaker
    Despite the OP's total lack of understanding or comprehension of the legalities of being Landlord, I'm sure they are filing their tax return and paying their taxes every year.

    And they definitely would have told their lender that they rent out the flat and have obtained their Consent to Let.

    Haven't they?
  • SuboJvR
    SuboJvR Posts: 481 Forumite
    Fifth Anniversary 100 Posts Combo Breaker
    edited 10 July 2017 at 3:32PM
    Now that they have found a tenant they don't want to hear any more about it because I didn't pay for their full management package. They literally came to me soliciting for business and persuaded me to rent my flat out while I am away. They never said that 12 months is not 12 months. I don't know if they are even operating any more. I wish I had never got involved

    As a tenant...

    (and I don't know why I'm replying again, as you've ignored my offerings completely thus far)

    The 12 month is a fixed term. So, both you and the tenant have security that they will be there for 12 months.

    It is quite normal at the end of this term to either:
    - Seek to extend the term, i.e. sign another fixed term contract
    or
    - let the tenancy become periodic. Month by month. The tenant must then provide a minimum of one month before vacating, and you must serve them 2 months' notice that you would like them to vacate. The tenant does not legally have to leave at this point, especially if they are paying rent. If they do not leave, you can then apply to evict. It is not a "forever contract" however the law does protect tenants to the extent that they are the ones living in the property, it is their home, and they cannot just be summarily booted out with little notice and then have nowhere else to go.
    or
    - tenant just moves out, on the last day of the term. They don't need to tell you if they wish to do this.

    You should accept that for the time being, it is not your home. It is theirs, but it is your house.

    And ultimately, it is in your interest to be nice to them, because happy tenants look after homes, and can be helpful when the time comes for you to want to find new tenants, or not helpful at all. ("Oh yes, the landlord was really nice about our dog actually, we increased the deposit and will make sure we get carpets cleaned but he was fine with it." versus "Landlord is horrible, I wouldn't bother renting this place if I were you, made our lives incredibly stressful, neighbours were spying on us and reporting back, not worth the hassle.")

  • I'm saying, why would I need to get the courts involved after the 8 months, since I can just give them notice to leave when their contract is up? Maybe it's a joke and I don't get it.

    No, it's not a joke, and you don't get it.

    You, the landlord, can't get the tenants out unless you go to court and are awarded a possession order. If the tenants don't go voluntarily you may need to get bailiffs in.

    If tenants give you a month's notice that they intend to leave after the fixed term ends, then they can of course leave. They could leave at the end of the fixed term without giving notice.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Penitent wrote: »
    9/10 (Tesco bag for life is required to achieve 10/10).
    Disagree. Barely a 4/10.

    TBFL might scrape it up to 5 but not really in the same class at all.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Now that they have found a tenant they don't want to hear any more about it because I didn't pay for their full management package. They literally came to me soliciting for business and persuaded me to rent my flat out while I am away. They never said that 12 months is not 12 months. I don't know if they are even operating any more. I wish I had never got involved

    Really? How did the letting agency know you were going to be away?

    You opted for the tenant finder package and that's what the letting agency did. If you didn't want to pay for the fully managed service you should have done some very basic research before the tenancy started. You didn't and now you are where you are.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    What I am saying is that I don't understand Guest101's statement:
    "Also sell up once you do legally evict them, in about 12-14 months, via the courts"

    The poster says that I shouldn't bother trying to get them out (they have 8 months left on contract), then says I should evict them through the courts and sell up! I'm saying, why would I need to get the courts involved after the 8 months, since I can just give them notice to leave when their contract is up? Maybe it's a joke and I don't get it.

    It's not a joke and would make perfect sense when you read the information in the links that you've been given 3 times now.

    I suggest you read all the information in the other links G_M also gave you before you try taking any action against the tenants.

    Once you know your !!!! from your elbow write to the tenants giving them the required 24 hours notice and go and inspect the property.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    No one is winning in such instance. OP will eventually get his property back even if he then has to change all the carpets. The tensnts will have to find somewhere ultimately and pay court fees.

    If you're a tenant, decide to get a dog and lie about it you are settling yourself for a stressful life potentially heaving to mice at cost every year. I would think a better idea to be honest from the start or of course not gets dog. OH and I would love to have one but work FT in the dat time so we have to accept it's not for us.
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    FBaby wrote: »
    No one is winning in such instance. OP will eventually get his property back even if he then has to change all the carpets. The tensnts will have to find somewhere ultimately and pay court fees.
    Why will the tenants have to pay court fees? OP hasn't even served notice yet, let alone got to the stage of starting court proceedings.
  • Pixie5740 wrote: »
    Really? How did the letting agency know you were going to be away?

    You opted for the tenant finder package and that's what the letting agency did. If you didn't want to pay for the fully managed service you should have done some very basic research before the tenancy started. You didn't and now you are where you are.

    I left my home empty at first because I didn't know how long I would be away, while I was overseas I got talking to someone whose son is in property. He passed my number on and the son was on the phone the next day telling me how easy it would be to rent through his agency etc etc and how they had good tenants waiting. They do deal with payments, they take 15% fees and another %25 for taxes but for that they don't even answer the phone half the time and never answer my messages or return my calls. I think for 15% I should at least get a call back when I call up distraught
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I left my home empty at first because I didn't know how long I would be away, while I was overseas I got talking to someone whose son is in property. He passed my number on and the son was on the phone the next day telling me how easy it would be to rent through his agency etc etc and how they had good tenants waiting. They do deal with payments, they take 15% fees and another %25 for taxes but for that they don't even answer the phone half the time and never answer my messages or return my calls. I think for 15% I should at least get a call back when I call up distraught

    15% to collect the rent, good negotiation there!
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