SMF - Just Installed!

Pets problem

Started by Mike the Boilerman, May 13, 2023, 03:15:02 PM

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Mike the Boilerman

Being an amazingly cooperative and helpful and kind landlord, I recently agreed for a long term tenant of good, no, excellent standing to get a small dog in a flat of mine. Or more accurately I told them that while I have no objection personally, if the dog causes any problems or the freeholder objects it will have to go.

Anyway a problem has cropped up that I totally failed to anticipate. The management co contacted me saying something similar, that while they have no objection to the small dog itself, it has resulted in a number of neighbours asking permission for a dog and being refused, said neighbours go on to cite my tenant's dog and asking why they are allowed one but not them. A fair question I think!

So the ManCo has asked me to tell them to get rid of the dog. However I have it in mind there is some sort of human right to keep a pet in a rental nowadays, but can't find any solid reference to this. Is there any such right, does anyone know?

Many thanks for any advice....



Hippogriff

The key issue here is - you told the Tenant if the Freeholder objected, then the pet would have to go. The Management Company has objected, I assume on behalf of the Freeholder, or by just reading the Lease, therefore is your next step not clear?

Do the reasons for the objection matter here?

heavykarma

Easier said than done.Rescues are already desperately looking for foster homes as more dogs are dumped. I have never given permission for dogs in the flats I rent out,it's just not practical and can end badly for dog and owner.One tenant got one without my knowledge,so I ended up with a pregnant staffie getting her paws under my table. As I understand it,you can serve 21 on the tenant,but you can't order them to get rid of the dog. It sounds like they have acted correctly in all respects.You also meant well I feel sure,but you did not think this through.

Hippogriff

Quote from: heavykarma on May 14, 2023, 08:44:47 AMAs I understand it,you can serve 21 on the tenant,but you can't order them to get rid of the dog. It sounds like they have acted correctly in all respects.

The Freeholder / Management Company is a different kettle of fish, though. Surely they can (order the Landlord / Leaseholder).

jpkeates

Either the superior lease allows pets or it doesn't.
That's the start point.

Most often keeping a dog in a flat is a terrible idea.

heavykarma

In theory I think the Freeholder can confiscate property /evict the leaseholder,after lengthy legal procedures.In reality this is extremely rare.If rental laws prevent landlords from refusing pets,would the superior lease for flats still be upheld?

Simon Pambin

Quote from: heavykarma on May 15, 2023, 08:52:11 AM
If rental laws prevent landlords from refusing pets,would the superior lease for flats still be upheld?

I believe there's a reasonableness test so, if the superior lease prohibits pets then it's reasonable for the landlord to prohibit pets. If the nature of the property presents practical problems, e.g. a dog in a block of flats, then it is likewise reasonable for the landlord to refuse permission.