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

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Comments

  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    But it says in the contract that the agreement can be terminated by the landlord with two month's notice...? I am so confused by this, is it really true that a 12 month agreement effectively runs forever unless the tenant or court ends it? Why is it called a 12 month contract and not a lifetime contract?? How is it right that the tenant can stay after 12 months ends when there is no contract in place and if I am politely and with two month's notice asking them to leave?

    These are really the sort of things you should at least google before renting a house out.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    But it says in the contract that the agreement can be terminated by the landlord with two month's notice...? I am so confused by this, is it really true that a 12 month agreement effectively runs forever unless the tenant or court ends it? Why is it called a 12 month contract and not a lifetime contract?? How is it right that the tenant can stay after 12 months ends when there is no contract in place and if I am politely and with two month's notice asking them to leave?

    Because that's what the law says- which is why I said sell up, you haven't got a clue
  • sevenhills
    sevenhills Posts: 5,838
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    These are really the sort of things you should at least google before renting a house out.

    Or just read these forums for a few weeks ;)
  • I forgot to mention that the 'dog' is a wolf hybrid. My neighbour has heard it howling on numerous occasions
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    I forgot to mention that the 'dog' is a wolf hybrid. My neighbour has heard it howling on numerous occasions

    Ah, you nearly had me there!

    Good one. :cool:
  • Fosterdog
    Fosterdog Posts: 4,948
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    I forgot to mention that the 'dog' is a wolf hybrid. My neighbour has heard it howling on numerous occasions

    Does that mean my next door neighbours dog is also a wolf hybrid? She is a pug x jack Russell and howls an awful lot. However even if it is a wolf hybrid they are no longer banned in the U.K. And from a legal point are considered the same as any other dog so don't see why that would make any difference to you. It could be a chihuahua, or a Great Dane and there is still nothing you can do about it.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 10 July 2017 at 12:38PM
    ViolaLass wrote: »
    Are they otherwise good tenants? Pay their rent on time?

    Why would you want to throw that away on the sayso of a neighbour?

    In case the dog is pooping or peeing in the garden.

    In case the dog is damaging items inside the place.

    In case the dog is being allowed to bark.

    Because the dog will probably be making the place smell "doggy".

    EDIT; and I've now read that the dog is indeed barking (or, to be more exact, howling) and that would upset me that an innocent neighbour was being disturbed when I knew they werent due to be (ie because I'd specified no dogs).

    Also - with OP being allergic to them - then she has every entitlement to replace the carpets afterwards and have the place professionally cleaned.

    Add the fact that the tenant has proved they tell lies.

    My sympathies - and I would want them out pronto - and the main reason would be because I'd found out they are the sort of person that tells lies/takes me for an idiot that would believe lies.

    In the circumstances I would be going round to talk to them personally and telling them I knew very well that they had told me a lie and that had made me angry with them. Tell them I have very valid reasons for specifying no pets in the contract - ie my allergy and protecting my garden from toileting and my home from smelling doggy and say that they had the shortest possible notice period I could legally give them to get out. Followed by telling them the costs they would already incur for new carpets/professional cleaning/any putting right the garden and that I suggested they don't try and "stand on their rights/forget their responsibilities" or I'd be looking to see if I could get compensation as well for problems/hassle they were causing me and see if I could ensure an accurate reference about them got passed onto potential future landlords.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I forgot to mention that the 'dog' is a wolf hybrid. My neighbour has heard it howling on numerous occasions
    Ah holidays started early...
  • G_M
    G_M Posts: 51,977
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    edited 10 July 2017 at 1:16PM
    Oh dear!

    1) You could serve a S8 Notice, ground 12 - breach of contract (see link in my post below). It's dicretionary. Judge would probably not grant you possession for a pet - maybe a 10% chance of success?

    2) When the current conract ends after 12 months, the tenants can stay and move to a periodic tenancy. That's the law. If you want them to leave you must evict via a S21 Notce and then the courts. Only the tenant, or a court, can end a tenancy (not a landlord)

    ( as a LL you really should know this!)

    3) Have you protected their deposit?

    4) The advice to evict and sell was because a) they may not leave unless you evict (2 above) and b) you clearly don't know enough to continue as a LL

    5) No one is drunk, except on laughs

    6) useful info:

    * Deposits: payment, protection and return

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

    * New landlords: advice, information & links

    * Letting agents: how should a landlord select or sack?
  • Fosterdog wrote: »
    Does that mean my next door neighbours dog is also a wolf hybrid? She is a pug x jack Russell and howls an awful lot. However even if it is a wolf hybrid they are no longer banned in the U.K. And from a legal point are considered the same as any other dog so don't see why that would make any difference to you. It could be a chihuahua, or a Great Dane and there is still nothing you can do about it.

    I know it because the tenant admitted it when I asked her! And they are not all legal, any recent hybrid more than 12.5% wolf needs a license, I have read the DEFRA guidelines. She said it is a Czechoslovakian Wolfdog but I have seen photos and it doesn't look like one to me! Whether it is legal or not it could still be tearing up my property, my nephew had one and its favourite activities were burrowing out of the garden, tearing furniture up and peeing in its owner's bed!!
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