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

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Comments

  • aneary
    aneary Posts: 921 Forumite
    OP is there no more updates?
  • Mrs_pbradley936
    Mrs_pbradley936 Posts: 14,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 31 July 2017 at 2:40PM
    I don't think you can evict them for having a pet even if it says "no pets" in the tenancy agreement.

    I think to would be classed as "unreasonable" if it went to Court.

    http://www.landlordlawblog.co.uk/2013/08/12/pets-clauses-in-tenancy-agreements/
  • Pyxis
    Pyxis Posts: 46,077 Forumite
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    What about a no-smoking clause?
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  • Mrs_pbradley936
    Mrs_pbradley936 Posts: 14,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Pyxis wrote: »
    What about a no-smoking clause?

    I don't know - 20 years ago smoking was common and you could smoke in public places. To that extent smoking was "reasonable" now that you cannot smoke in many places it might be different. If you can still smoke at home and the property is your home you may be able to claim a non smoking clause to be unreasonable. I am not a smoker so it would not matter to me.
  • Can't you both open up the estate to visitors, especially if you have an orangery? Convert a shed and sell ice creams, get a few animals for the "petting farm", put some family documents in a glass case, dust off some of the stuffed tiger rugs and you'll be raking it in!!

    Half of it has already been sold off so this would not work even if we wanted people stomping around the place.
  • aneary wrote: »
    OP is there no more updates?

    My solicitor has told me off for putting too much personal information on the internet, however I can confirm that I now have incontrovertible proof that there is not only a dog but a dangerous dog living on the premises and we are trying to figure out a way to use this proof to get the tenants out ASAP given that they do not know anything about the other difficulties I am facing with the agent.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Does your solicitor have good experience with tenancy law or is he just your family solicitor with expertise in other areas? I know from experience (costly experience) that sometimes solicitors will tell you you can win in court, but in reality you don't have a chance. I was told after coming out of court (seconds later) by a barrister our case didn't have a chance. But this was the first time I'd been told this in months of preparation. If I had been told this initially, there is no way we'd have risked wasting our time and money. I was told quite the opposite, until the moment the case was over.

    The problem is you don't really know if a Judge would accept breaking the 'no pets' clause in your TA should lead to eviction as has already been explained. I'm not sure that your tenants have a banned dog.., even if they did, it would be more usual to force custody and euthenasia of the dog.., not necessarily eviction.

    I am afraid I still think you are on shaky ground for the outcome you want.
  • Cannot believe this thread has now reached post #555 and is still going on! :D
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  • Riggyman
    Riggyman Posts: 185 Forumite
    But are there any vampires?
  • Money_maker
    Money_maker Posts: 5,471 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No but with a dangerous dog, I would suggest the start of a zoo rather than a petting farm.
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