Can my landlord ask me to get rid of dog due to "dog smell" in flat?

_Penny_Dreadful

Hundeverboten said:

My landlord agreed to me renting a flat with a dog.

Due to lack of other options I signed the tenancy agreement that includes a clause that the landlord can tell me to remove any pets with 5 days notice at his discretion.

The estate agents insist on an inspection every 3 months and are now saying there is 'a strong doggy smell' throughout and are threatening to implement this clause.

I already have the place professionally cleaned every 2 weeks and try to do what I can but it is a small, well-sealed flat and there's not much else i can do with the place.

I don't really have the option to move.

Can the landlord reasonably implement this clause/ use it as a basis to evict?

Assuming you're in England there are two things the landlord could legally do if you decide you want to keep the dog.  The first would be to issue a Section 8 using ground(s) 12, breach of tenancy agreement, and/or ground 13, neglect of property.  However, these are both discretionary grounds for eviction and no sane landlord would walk into court with only a discretionary ground for eviction.

The second would be to issue a Section 21, commonly known as a "no fault" notice whilst he still can in order to obtain a possession order from court.

Personally, what I would do if I were your landlord and your dog had stunk the place out to kingdom come, would be to make sure your rent was always at the maximum amount for the size of property in the area as I would inevitable have to spend a lot of money getting rid of the stench once you eventually move out.

You say the property is well-sealed but the windows must open so get some air circulating around the property.  Smells will also cling to fabrics so perhaps you need to consider having any carpets and furniture cleaned and then using machine washable throws and rugs to keep dog smells at bay.

bouicca21

How often is the dog washed? 

The smell of dog, like the smell of cigarettes is something to which people get inured whilst it is obvious and unpleasant to visitors.  That having been said, I am surprised that it seems so bad as to lead a landlord to want to get rid of someone who is presumably otherwise a good tenant.  Open a few windows, take the dog to the groomers every 4-6 weeks, rinse it off if it gets wet/muddy on walks and wash its bedding regularly.

FlyMeSomewhere79

We viewed a couple of houses late last year in case we couldn't get an offer agreed on the one we wanted (thankfully we did) and the first house had two dogs and the smell hit me in the face as soon as we walked in, the dogs were lovely but they made my hands smell just stroking them. The second not only stank bad of the blokes dog bit he was a heavy smoker - both houses have been on the market a long time and still are and the smell will be part of the problem.

The smell won't disappear when the dog walks out the door, it's a major redecorating job and changing carpets and underlays to get rid of the smell.

Like others have said it's not helped when people don't bath dogs or wash bedding but also it's people who get dogs and then go out to work leaving the dog shut in one room or a hallway etc for many hours and that area really begins to smell.

I am wondering if your landlord is planning to put your place on the market like many landlords are currently because it's strange that he's suddenly bothered about it now. 

Smalltownhypocrite

I don't own a dog but know many that do... I don't 'smell dog' at their houses.

Same with our cat, sometimes our house stinks (before litter changing or when they cough up a furball which is shockingly smelly) but after cleaning theres no smell. Like OP we are subjected to inspections and have had a dozen different inspectors over the years. Many have even been surprised we even have a pet (nervous cat hides when people enter) and said they would never have guessed if they hadn't spotted the bowls/litter tray (which are towards the midpoint of the inspection).

FlyMeSomewhere79

Smalltownhypocrite said:

I don't own a dog but know many that do... I don't 'smell dog' at their houses.

Same with our cat, sometimes our house stinks (before litter changing or when they cough up a furball which is shockingly smelly) but after cleaning theres no smell. Like OP we are subjected to inspections and have had a dozen different inspectors over the years. Many have even been surprised we even have a pet (nervous cat hides when people enter) and said they would never have guessed if they hadn't spotted the bowls/litter tray (which are towards the midpoint of the inspection).

My mum has a little dog, she baths him, keeps his bedding clean and she doesn't leave shut in areas of the house so no her house doesn't smell of dog.

That doesn't stop the fact that some people's houses do smell of dog. My childhood best friend had two dogs that were always shut in a hallway all day and her bungalow always smelt unpleasant as a result, I had a friend in my adult life who shut her Labrador up while she was at work and her house smelt of dog.

The houses I viewed last year turned my stomach with the smell - it's a fact unfortunately that some houses smell of dog and it's worse for people that don't have dogs themselves but a big part of it's people not keeping animals or animal bedding clean or keeping dogs enclosed in unventilated spaces. 

youth_leader

Lots of great advice on here.  Could you sort out an 'action' plan and let the agents know you are making a great effort? IE dog to be groomed every six weeks, bedding washed every week, blah blah? 

Novice_investor101

I have a little dog & I can sometimes smell a dog smell & other times my house smells clean, or not of dog. I bath him when he starts getting smelly, hoover the rug in the lounge regularly, use a carpet washer on it every 3 months. In the summer I’m taking it into the garden & giving it a proper wash with the hosepipe. 

The fabric couch is covered in blankets that I change & wash weekly as a minimum for the large throw & every couple of days with the smaller blankets dog sits on. His bed get’s washed every other week. When all the washing needs doing is when it smells of dog. 

My dog only lives downstairs & it’s all hard floors other than the lounge rug, a runner & a door mat. All are washable. It’s the only way to not have a house smelling of dog - wash everything the dog touches often! 

He has free roam of downstairs but never has accidents inside. Has been sick a few times, hence the carpet washer with spot wash attachment - best £100 I’ve spent. I also recommend a good hoover for carpets, one for pets or that does a good job of picking up hair & dander. 

Edit to add: hoover the soft furnishings too, couch & Cushions etc. wash any toys the mouths regularly. 

theartfullodger

I can ask anyone to get rid of their dog.  So can you.  So can your landlord.  But none of those asked HAS to do so, unless under court order .. (V unlikely in your case..)

Hundeverboten

theartfullodger said:

I can ask anyone to get rid of their dog.  So can you.  So can your landlord.  But none of those asked HAS to do so, unless under court order .. (V unlikely in your case..)

This is what I'm asking.

They have a clause in the tenancy agreement saying the landlord can tell me to get rid of the dog. If I refuse, is it grounds for eviction?

BobT36

Nowt to stop them S21'ing you out regardless, if you're not in a fixed contract..