Tenancy Agreement bans pets- but T now has a cat

[bobber]

I have a 7 tenant HMO and having problems with 1 tenant who has now taken in a cat, the contract states no pets and the other tenants dont want it there, what are my options?

[Dan]

She's in breach of the contract. Write to her explaining this, perhaps referencing the paragraph in the contract, and tell her that the cat must go or you'll be forced to take legal action which could result in her loosing her home.

[bobber]

Hi Dan, I have written and spoken to her about it she is adamant that she wont get rid of the cat, and has now said she wont be paying any rent (currently 3 weeks in arrears, 7 weeks into a 6 month AST) I have since been told she has done this on several occasions. I am new to the Landlord game and this is my first problem tenant, I have a good relationship with all the other tenants and the other tenants do not want her there. Can I just remove the cat myself?

[P.Pilcher]

Sounds like you have caught a professional tenant! They will know the law and that you can't take legal action until they are two months in arrears, so if yo haven't done so already you should serve a section 21 notice on her to ensure that she has more than two months notice that she will be leaving at the end of her AST agreement. With regard to the cat - they do tend to wander off - maybe another tenant could assist in the "wandering" as they object to it. At present, as she is refusing to pay her rent there is little you can do except suggest that she leaves.

P.P.

[Paul_f]

Dan needs to read up on his law. A clause stating no pets could be contravening the UTCCR's 1999 [any landlord not knowing the meaning of this should look it up!!]. A ban on pets usually has to be by negotiation before any tenant takes up occupation and there must be written evidience to show the tenant has agreed to it in advance of the signing of the AST!

[Dan]

Hi Paul,

Surely the fact that the tenant has signed the AST which contains the clause saying no pets (All of my ASTs require "written permission from the LL which will not be unreasonably withheld") suggests that they have read and understood it? By not getting written permission first the tenant has broken the contract. In addition, Bobber's post suggests that the cat is a nuisance to the other tenants.

[Dan]

Further to my last post I have just read a copy of the OFT's advice on the unfairness of tenancy agreements over a nice cup of coffee. A very useful document indeed. Thanks Paul for bringing my attention to this area.

The OFT describes a ban on pets as being unfair because it could prohibit a tenant from keeping a goldfish. However, a term prohibiting other pets that might harm the property or cause nuisance to other tenants would be acceptable. I stand by my first post!

[Nora Kay]

But beware goldfish! Especially if they come in large tanks full of several gallons of water, which have been known to tip over and cause the nicely fitted carpet to start swmming!!!

[Jennifer_M]

If you are scared of pets forget about tenants with young children !

:D

I know my cat is clean ans she doesn't even care about scratching anything so it's hard for me to imagine someone wouldn't "trust" this if I rented a property.
But all pets aren't like my cat; or should I say all pet owners don't look after their pets properly.