Eviction for dog sitting when agents already knew?

by Readers Question

13:42 PM, 26th February 2019
About 4 months ago

Eviction for dog sitting when agents already knew?

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Eviction for dog sitting when agents already knew?

My letting agency are looking to evict me, because I had my friends dog in the property when the owner turned up unannounced on a Sunday evening at 9.30pm, the dog was collected not long after this.

I understand it says in my contract that I am not allowed to keep pets in the property. However, I don’t own a pet, but I occasionally look after my friends dog during the day.

I have informed the letting agency, and discussed this many times with them and they have said it wasn’t a problem as long as the dog didn’t live there.

They are now want to evict me giving me 7 days, they are also saying I owe rent until the room is occupied. However they have done nothing to start this, there is no advert and there as been no viewings in the week they have given me to vacate.

Are they allowed to do this even though they were aware of the situation and never gave any formal warnings this would lead to an eviction where I am liable?

Also my tenancy agreement runs out on the 7th March, would they be able to charge me anything after this date anyway?

Thank you
Becki



Comments

Neil Patterson

13:44 PM, 26th February 2019
About 4 months ago

Dear Becki,
Can we ask please how frequently and for how long you help your friend dog sitting?

Ian Narbeth

14:19 PM, 26th February 2019
About 4 months ago

Hi Becki
Assuming you have an Assured Shorthold Tenancy you cannot be evicted on 7 days' notice. The landlord will have to serve a section 8 notice and establish that you are in breach or failing that a s21 notice. As your contractual term runs out on 7 March this may mean your having to leave in 2 to 4 months' time.
You should explain to the landlord that the agents had OK'd it. If the landlord cannot be persuaded to allow dog-sitting then you must decide whether to give that up and perhaps get the landlord to agree a new tenancy or to leave.

Freda Blogs

18:18 PM, 26th February 2019
About 4 months ago

I would have thought that the owner showing up unannounced at 9.30 on a Sunday evening in a non emergency situation is unreasonable and a breach of your 'quiet enjoyment' provisions under the AST.

Ian Narbeth

19:07 PM, 26th February 2019
About 4 months ago

Reply to the comment left by Freda Blogs at 26/02/2019 - 18:18
I don't think that is going to help the OP. She needs to get the landlord onside or else she will be out under s21. Taking a point like that will not endear her to the landlord.

Recardo Knights

8:01 AM, 27th February 2019
About 4 months ago

As the tenancy ends on 7th March Was the landlord contacted to have it renewed or extended to a periodic. If not is it right that the LL has now to go through the eviction process because the tenant refuses to leave at the end of a tenancy.

As a LL if i ask for no dogs because of, nuisance, damage, fleas etc. it is trying to split hairs to say I don't own a Dog but have one hear most of the time!

Seething Landlord

9:12 AM, 27th February 2019
About 4 months ago

Reply to the comment left by Recardo Knights at 27/02/2019 - 08:01There is no need for anyone to approach the landlord in order for an assured shorthold tenancy to roll over into a statutory periodic tenancy at the end of the fixed term, it happens automatically by operation of law if the tenant remains in occupation.

James Mann

11:12 AM, 27th February 2019
About 4 months ago

Your landlord is behaving illegally and you should inform him as such. Do not move out and keep paying the rent.

Janet Carnochan

11:14 AM, 27th February 2019
About 4 months ago

I agree with Ricardo. As a LL, if I specified NO PETS, then it is because I don't want pets in that property regardless of ownership or percentage of time the pets spent there. If this was clearly stated at the beginning then I can see why the LL is pissed off. Rightly or wrongly then they probably went round on the off chance as they suspected the pet was there. I would look for somewhere else that is pet friendly. ( For the record I do accept pets ). However I would try to talk to the landlord to give you more time to sort this, put having the dog over on hold while this happens and keep paying my rent in the mean time.

Ian Narbeth

11:22 AM, 27th February 2019
About 4 months ago

Reply to the comment left by James Mann at 27/02/2019 - 11:12
Bad advice, James. The OP can immediately be served a s21 notice and then she is out on her ear in a short time. Telling the landlord he is behaving illegally when you are probably in breach of the lease will not help preserve the relationship. Even if, for the sake of argument, you are 100% right legally, the OP will be 100% wrong to make such a charge against the landlord.

James Mann

11:34 AM, 27th February 2019
About 4 months ago

Reply to the comment left by Ian Narbeth at 27/02/2019 - 11:22
I would have thought that harassment by the landlord and his agents trumps dog sitting!

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