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FAQ - Residential Tenancies

My letting agreement says that pets are strictly forbidden but my tenant is requesting that he be allowed to keep a small dog saying that he knows of other tenants in the area who keep pets and that the dog is no trouble.
- Terms which ban outright the keeping of pets may not be enforceable because these could apply to, for example, a goldfish. However, terms which state "no pets which could cause damage to the property or be a nuisance to other residents" may well be enforceable. Where pets are allowed the tenant should agree in writing to compensate the landlord for any damage caused including cleaning, insect/flea and smell eradication on leaving
A tenant wants to give notice to quit as she is outside the fixed term
- The tenant is on a 12 month contract which means she is committed to this. There are several options here: (1) the landlord can voluntarily release the tenant from the contract (2) the landlord can release the tenant from the contract agreeing compensation for losses - re-letting expenses and void time (3) the tenant can find another tenant acceptable to the landlord, whilst paying re-letting expenses (4) the tenant leaves anyway, in which case the landlord can sue for breach of contract, but must mitigate these losses by re-letting as soon as possible, but claiming all re-letting costs here is quite legitimate.
A landlord is selling the property and tells his tenant she cannot leave early. The new owner says he wants the tenant out when he takes over, which is before the end of her tenancy period.
- The new owner is bound by the tenancy and cannot evict the tenant until her tenancy ends. He must also have served a two-months' section 21 notice. If the tenant so desires she can refuse to leave until the new owner obtains a court possession order.
When a piece of household equipment (e.g. a fridge) breaks through old-age rather than miss-use, who is generally responsible for the item's replacement - the tenant or the landlord? The contract I use says the tenant is responsible for any damage but does this apply to things that break down?
- If the equipment is supplied by the landlord as part of the letting then it's up to the landlord to repair or replace as necessary. Accidental damage should be covered by the landlord's insurance or the tenant's own insurance. If the damage could be shown to be caused by misuse or abuse, then the tenant would be liable. Remember, the landlord is obliged to provide full operating instructions for all equipment supplied, so the if these are not provided it could be a good defence for the tenant against misuse.
Is there an obligation for landlords to fit smoke alarms in tenanted property?
- If the property built was since June 1992 it must be fitted with mains powered smoke detector alarms on each floor level. As yet there is no legislation requiring smoke alarms to be fitted in older tenanted properties, but it is considered that common law 'duty of care' means that Landlords and their Agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. It is therefore strongly recommend that the Landlords fit smoke alarms - at least one alarm on each floor and preferably in the hall and landing areas. Where battery operated alarms are fitted batteries must be replaced and the alarm tested regularly and landlords should ensure that the onus for doing this is placed firmly on the tenant. Ideally, a warning letter should be given and the agreement should mention this. HMOs have special fire regulation requirements and you should consult your local authority building control section should you have queries about fire precautions in any type of tenanted property. December 2003