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

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Comments

  • SuboJvR
    SuboJvR Posts: 481 Forumite
    First Post Combo Breaker First Anniversary
    They paid all of their rent in advance but I just really don't like dogs in my property, I may have to live there again in the future and I am allergic to dog fur.

    I moved into a house where the previous tenant had two dogs, it was obvious they slept in the main bedroom and this ended up being on my side of the room. There was a definite "damp dog" smell as well!

    I'm asthmatic, and allergic. So this was a problem initially. And it amused me that our tenancy agreement stipulated no pets (as it happened, the previous tenant was the landlady's brother).

    We cleaned the carpets extensively ourselves, a combination of steam cleaning and Vanish. We let it dry over a couple of days, reviewed whether we needed to do it again (had a bit of an overlap with properties), and we didn't.

    It was perfectly fine after that.

    I would say it is perfectly reasonable to assume and/or ask that the tenants will either get the place professionally cleaned for you, or take extra care of the carpets themselves. They are probably anticipating doing this anyway.

    Having had a dog there doesn't mean you can't ever live there again.
  • If I was the tenant I think I'd have more of an issue with the neighbour spying on me & effectively telling tales.
  • Quite a lot, I'd say.
    Please tell me you have protected their deposit, at least?

    Yes I rented through an agency and they dealt with the deposit. Please explain Guest101's post to me so that I understand what I am missing - the poster says I should just wait 8 months for the tenancy to end because I cannot get them out before that because of the dog. Fair enough. Then he says that I should "sell up", and evict through the courts in 12-14 months...? when they won't even be here any more if I give them notice and don't renew their contract. I don't understand.
  • molerat
    molerat Posts: 31,816 Forumite
    Name Dropper Photogenic First Post First Anniversary
    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 is unlikely you will be able to evict them before the end of the tenancy. At the end of the tenancy they can stay on if they wish and the only way you can get them out is by going through the courts which can take anything from 6 months or more.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Yes I rented through an agency and they dealt with the deposit. Please explain Guest101's post to me so that I understand what I am missing - the poster says I should just wait 8 months for the tenancy to end because I cannot get them out before that because of the dog. Fair enough. Then he says that I should "sell up", and evict through the courts in 12-14 months...? when they won't even be here any more if I give them notice and don't renew their contract. I don't understand.

    They will be there because your notice is just notice of intention to go to court.

    It DOES NOT end the tenancy
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    Yes I rented through an agency and they dealt with the deposit. Please explain Guest101's post to me so that I understand what I am missing - the poster says I should just wait 8 months for the tenancy to end because I cannot get them out before that because of the dog. Fair enough. Then he says that I should "sell up", and evict through the courts in 12-14 months...? when they won't even be here any more if I give them notice and don't renew their contract. I don't understand.
    You're very unlikely to be able to get them out early, you'll need to wait until their contract comes to an end. But, you can't just not renew the contract and expect them to leave, you need to serve notice.
  • Polly05 wrote: »
    If you were to move back in, wouldn't you have the carpets all professionally cleaned? Wouldn't that remove any trace of dog hair from the carpet?

    The dander gets in very deep in the carpet and is hard to get out if you have severe allergies/asthma. I will have to get all of the carpets replaced. Just the thought of it makes me itch
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    First Anniversary Name Dropper First Post
    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 really is your responsibility to understand the laws, rules and regulations involved in being a landlord before you take on tenants, you wouldn't accept any other business not knowing what they are doing so why is it okay for you as a landlord to not know how to run your business?

    Had you done even a basic level of research you would know that at the end of the tenancy the tenant can choose to leave with no notice (although it is considered more polite to give notice), however if you want them to leave at the end of the initial tenancy period you have to serve them notice, if you don't and they choose not to leave they automatically go onto and AST rolling tenancy. Even if you do issue notice they can refuse to leave and you have to go to court to get them evicted. Even for a knowledgable landlord this can take several months but for someone who doesn't seem to know what they are doing the chances are any attempt to evict them will be unenforceable due to you not doing things correctly. This ends up leading to the eviction process dragging on for sometimes over a year while you get your act together and do things properly.
  • rtho782
    rtho782 Posts: 1,189 Forumite
    First Anniversary First Post
    The dander gets in very deep in the carpet and is hard to get out if you have severe allergies/asthma. I will have to get all of the carpets replaced. Just the thought of it makes me itch

    The reason people are telling you to sell up is that you're obviously too emotionally attached to this property, and are not viewing being a LL as a business.

    You would therefore be better off selling up.

    In 8 months their fixed term expires, if they want to stay you'll have to serve notice before that to stand a chance of getting them out, then go to court, all in it's easily 12-14 months from now for you to get them out if they want to stay.

    And you won't be able to take their deposit to "replace all the carpets".
  • Guest101 wrote: »
    They will be there because your notice is just notice of intention to go to court.

    It DOES NOT end the tenancy

    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?
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