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Gailforce
10-02-2008, 14:43 PM
My tenant has vacated the property on the last day of his notice period (two months notice given to him).

He has removed all furniture and left a rotweiller dog and staffordshire bull terrier in the property.

He returns about every two days to feed the dogs.

The RSPCA have said this is not cruel. They have visited the property and noted that the property is not being lived in but being used as some sort of kennel for these dogs.

I know to evict a tenant I must get a court order, but how do I fair, as I have been locked out of the property, unable to gain access in case I get bitten by these vicious dogs.

If I have to get a court order to evict two dogs!!!!!!!! Can I get compensation from the tenant?

How would I fair legally if I did enter the property and was bitten by the dogs?

I would be so grateful for any advice as this really seems to be a no win situation for me at the moment, and with the loss of rent already incurred, currently £1350 plus the cost of court action and further loss of rent, this situation seems totally ridiculous. :confused:

jeffrey
10-02-2008, 14:51 PM
T has not vacated. The dogs belong to him, so he has belongings in the property; he therefore failed to vacate when tenancy expired.

You need to issue proceedings pdq- s.8 (for non-payment of rent after expiry) and/or s.21(4)(a)- but you mention "two months notice": if you did serve a s.21(1)(b) Notice, simply start proceedings without further notice.

Gailforce
10-02-2008, 15:29 PM
What about not having access to my property?

PS: Thank you for taking the time to reply

johnboy
10-02-2008, 15:39 PM
Now I suppose if the dogs were to some how get into the garden the property would now be empty and if there was nothing in there cos all the furniture & belongings has allready been taken out. Some people might argue that the tenant has vacated and the dogs strays.

mmmmmmmmmmmmmmmmm

jeffrey
10-02-2008, 15:42 PM
What about not having access to my property?
Yes, but that's always true during any tenancy. His is still running, as he's still in possession.

Colincbayley
10-02-2008, 15:53 PM
Now I suppose if the dogs were to some how get into the garden the property would now be empty and if there was nothing in there cos all the furniture & belongings has allready been taken out. Some people might argue that the tenant has vacated and the dogs strays.

mmmmmmmmmmmmmmmmm

A LL could still not enter the property in this situation, as the tenant has not given up the property and the LL doesn't have a court order.

Be careful in this situation, the tenant could be trying to 'bait' the LL.

Gailforce
10-02-2008, 16:04 PM
It seems then that tenant wins - he obviously living somewhere else and using dogs to prevent me gaining access. What would the best outcome be in Court for this - by the time I get a possession order, baliffs etc, to remove two dogs it will have run into thousands of pounds. This hardly seems fair

Colincbayley
10-02-2008, 18:54 PM
It seems then that tenant wins - he obviously living somewhere else and using dogs to prevent me gaining access. What would the best outcome be in Court for this - by the time I get a possession order, baliffs etc, to remove two dogs it will have run into thousands of pounds. This hardly seems fair

Correct. It is not fair.

However, you must first obtain a possession order, then if needed get the baliffs in.
It will cost, you will lose the potential rent in the meantime, but other than that you can not do anything else within the law.

At the end of the eviction process, you can sue your Ex-tenant for the costs.

Grange
12-02-2008, 11:37 AM
It would be a shame if a local youth broke a window so that the dogs escaped.

Does he take the dogs for a walk? At which point perhaps you have vacant possession?

Colincbayley
12-02-2008, 11:40 AM
Does he take the dogs for a walk? At which point perhaps you have vacant possession?

NO you do not.

You have a tenant who has taken his dogs for a walk, this is NOT vacant possession.

Granola
12-02-2008, 13:15 PM
If its not vacant possession, is the tenant still liable for the rent?

jeffrey
12-02-2008, 13:23 PM
If its not vacant possession, is the tenant still liable for the rent?
Yes. Either the tenancy is still running or it's not.
If T still occupies, tenancy running means liability for rent running too.
If T vacates, at end of term or in compliance with Court Order, tenancy ending means liability for rent ending too.

Granola
12-02-2008, 13:37 PM
Then there are 2 scenarios:
T has not vacated and a rent demand is required, or;
T has vacated and he has left behind property.

If the latter, then the house locks can be changed (surely the dogs aren't in the house?). The former tenant can be informed to collect the property (dogs) by such and such a date or they will be disposed of. Contact local council about abandoned animals since the RSPCA are being picky.

Grange
12-02-2008, 14:44 PM
NO you do not.

You have a tenant who has taken his dogs for a walk, this is NOT vacant possession.

Quite difficult to tell. Rent not being paid; none of T's belongings in property. Shame T failed to return keys, but you'd be changing the locks anyway.

Colincbayley
12-02-2008, 14:51 PM
Quite difficult to tell. Rent not being paid; none of T's belongings in property. Shame T failed to return keys, but you'd be changing the locks anyway.

Agreed, it is quite difficult to tell, which is why the only way a LL could lawfully obtain his/her property back in this situation is with a possession order issued by the courts.

Grange
12-02-2008, 14:59 PM
Agreed, it is quite difficult to tell.

There is no physical way of ascertaining whether you have:

1. Vacant property (hurrah); or

2. Dog owner taking dogs for walk.

You don't have to go to court every time you issue a notice to quit on a tenant who has left an empty property.

Accordingly to decide whether T had left the property, the courts would have to ascertain T's intention. My understanding is that the courts aren't ecstatic about second guessing n individual's intention. One would hope that sense would prevail.

jeffrey
12-02-2008, 15:03 PM
There is no physical way of ascertaining whether you have:

1. Vacant property (hurrah); or

2. Dog owner taking dogs for walk.

Look through window: if house is empty of goods, it's unlikely to be on account of canine-perambulatory activity. "Who let the dogs out"?

Grange
12-02-2008, 15:07 PM
Oh yes you can! (Or do I mean Oh no you cannot.)


He has removed all furniture and left a rotweiller dog and staffordshire bull terrier in the property.