SMF - Just Installed!

tenant told me they have dog in my rented property wen contract states no pets?

Started by anna marshall, January 28, 2012, 09:11:37 PM

Previous topic - Next topic

anna marshall

I rent out a property on a six mth short hold assured tenancy which i am 13 wks into, i contacted tenant to advise i was going to be conducting inspection as per contract, only to be told that they had actually got a dog in the property, and not to be alarmed when i arrived? the tenancy agreemnt states no pets allowed, tenant did ask me when i c onducted the viewing i stressed no pets of any so couldnt b clearer on that, alledly thy r looking after dog due to a sick relative? they never asked my permision and they said that there is no one else to look after it, so dont even knw how long its going to b there? can i serve 2 months notice on them at the 16 week stage as they have broke the tenancy agreement? so i can get them out at the end of 6mth contract i suspect that they have had the dog the whole time?? i have retained the mesages from the tenant to show my solicitor as an admission? any ideas please what to do?? thankyou

Topseyt

If you wish to have the property back at the end of the six month period then you will have to serve notice just as the fourth month draws to a close.  There is no reason why you cannot do that.  You are maybe thinking that they haven't been totally honest with you about having a dog, so things perhaps don't quite feel right anymore, which is perfectly understandable.  Nobody likes being deceived. 

I am sure you have good reasons for excluding pets, but unfortunately it is something that can alienate a large proportion of the market in Britain.   :)  Is that because of the type of property it is (flats are often less suitable than houses), or because you are worried about damage?  If it is a flat which you own on this country's archaic leasehold system then pets may be excluded under the terms of the original lease, which you could be asked to take steps to enforce, so you have no choice but to exclude.  If it is a house to which you own the freehold and it has easy access to a secure outdoor area then the choice of pets allowed or not is usually a personal one for you alone.

If it is damage you are worried about then tenants are responsible for rectifying this before leaving the property.  If they do not then you can deduct from their deposit.  Some tenants who wish to keep pets (frequently a dog or a cat), are willing to pay additional deposit to cover this, though it is usually agreed and set up at the start of the tenancy.

I do fully understand your concerns here.  The tenant should have been totally honest with you.  I am, however, also a pet owner (have two dogs and a cat of my own), so I have to admit to a certain amount of empathy with a person who, for whatever reason, needed to move house, and wanted to keep their pets with them.   ;)  Us dog owners can be a shade batty about them you know.    ::) :-[

I am the landlady of two flats and one house.  Pets are excluded from my flats, partly because the terms of the original leases exclude them, and partly because I consider that the accommodation is just not suitable (top floor, no outside access etc.). 

I haven't so far excluded them from the house (though the current tenant has none as far as I know).  As the freeholder, it was my personal decision, and I thought an exclusion would just shut out a large proportion of the market for such a property.

I am not trying to excuse what your tenant has done, as it was deception.  Just trying to offer a possible explanation for why it maybe happened.

Topseyt

By the way.  Now that you know there is a dog resident at the property insist that the tenant is actually there to keep control of it when you do your inspection. 

They may insist that the dog is friendly, and possibly it is, but you are still a stranger to it, and an intruder to "its" territory, so it might react defensively if you are on your own.  I am not trying to alarm you, but that would be a natural way for a dog to view things.

If the tenant is a knowledgeable and responsible dog owner then they should know that anyway, but unfortunately we can't assume that as there are plenty of irresponsible dog owners out there too.   ::)

Jeremy

Hello Anna,

If you are determined to evict them then you may have grounds.  See: http://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/

You can apply on grounds 12, 15 or 17 but be aware a court will treat each case on its merits.  If you can't prove you stipulated no pets and can't show why it's reasonable, you may find a court would refuse your request.

You may find more mileage in asking for an additional damage deposit (secured into govt scheme) which the tenant pre-agrees will be spent on flea extermination treatment when they vacate.

Hope this helps.