PDA

View Full Version : pets



katrinahale
17-03-2010, 16:48 PM
If a tenant moves in a property that states no pets and then aquires one whats the consequence thanks

jeffrey
17-03-2010, 16:51 PM
Depends. Your question's too vague.
1. Is the property a house or a flat?
2. Does the pet-owner tenant have a long lease, or a shorter tenancy (e.g. an AST)?
3. Precisely what restriction appears in the Lease or Tenancy Agreement?

katrinahale
17-03-2010, 16:56 PM
It would be a house on an ast the agreement just says not to keep animals. But the tenant always pays on time and never causes any trouble.

Ann.C
17-03-2010, 17:01 PM
My tenant's tenancy agreement says no pets but that is because the home was previously my own home and I have a son who is extremely allergic to animal hair. However, 2 months after moving in my tenants got a dog and my Letting Agent told me there was nothing I could do about it, as a Court would consider my objection unreasonable.

jeffrey
17-03-2010, 17:02 PM
It would be a house on an ast the agreement just says not to keep animals. But the tenant always pays on time and never causes any trouble.
Are you L?

mind the gap
17-03-2010, 17:04 PM
My tenant's tenancy agreement says no pets but that is because the home was previously my own home and I have a son who is extremely allergic to animal hair. However, 2 months after moving in my tenants got a dog and my Letting Agent told me there was nothing I could do about it, as a Court would consider my objection unreasonable.

Katrinahale, do you mind the T having a pet?

jeffrey
17-03-2010, 17:06 PM
Katrinahale, do you mind the T having a pet?
Yes. OP asked about 'consequences' but it's she who has to decide them!

katrinahale
17-03-2010, 17:11 PM
I am a landlord and dont mind pets but on this occasion I am enquiring on behalf of a friend who is the tenant

jeffrey
17-03-2010, 17:14 PM
I am a landlord and dont mind pets but on this occasion I am enquiring on behalf of a friend who is the tenant
OK. The only person who can enforce T's obligations is L If L's happy, T is safe (as is T's pet).

katrinahale
17-03-2010, 17:30 PM
I understand thankyou but what if landlord unhappy (im not this persons landlord)

jeffrey
17-03-2010, 17:34 PM
I understand thankyou but what if landlord unhappy (im not this persons landlord)
Then, assuming that the letting is an AST/SAT, L could serve T with a s.8 Notice on ground 12 (breach of non-rent obligation of Tenancy Agreement).

mind the gap
17-03-2010, 17:45 PM
Then, assuming that the letting is an AST/SAT, L could serve T with a s.8 Notice on ground 12 (breach of non-rent obligation of Tenancy Agreement).
...which may or may not result in a possession order. It will depend on how sympathetic the judge is. If the judge is a 'dog' man, the application may fail. I think (depending on the wording of the prohibitory clause), the LL may need to prove that consent was reasonably withheld.

katrinahale
17-03-2010, 18:13 PM
Thankyou for all your help I let tenants have pets as they are part of life obviously within reason you cant have 9 dogs in a flat !!!
But im talking about 1 very small burmese (cat house trained) and the tenant is quite willing to repair any damage caused although the cat has never damaged anything in the past.

jeffrey
17-03-2010, 18:19 PM
So, again, what's the problem here? Is L objecting to the cat's presence?

katrinahale
17-03-2010, 18:21 PM
Dont know yet tenant too scared to ask cat there as a fugitive !

jeffrey
17-03-2010, 18:23 PM
Cat burglar? Cat o' Nine Tails? Ask for politicat asylum.

mind the gap
17-03-2010, 18:25 PM
Dont know yet tenant too scared to ask cat there as a fugitive !
Some tenants offer to pay an increased tenancy deposit to cover ...well, the pet's deposits.