New tenant did not mention the dog?

New tenant did not mention the dog?

15:22 PM, 23rd June 2021, About 3 months ago 17

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I have a small one-bedroom upstairs flat (maisonette) which has a garden. I gave a six-month tenancy to a couple back in March. I normally specify clearly on the advert no pets as the flat isn’t suitable for pets, but didn’t this time around as I recalled reading that you cannot ban pets or children. A pet may also disturb the people downstairs.

I just found out the tenants have a dog!

Looking back, they did take a lot of interest in the garden when viewing the property, and it was probably due to the dog.

I am not sure what can be done now?

Any advice gratefully appreciated.

Jim



Comments

by Ian Narbeth

18:37 PM, 23rd June 2021, About 3 months ago

It is not true that you cannot ban pets. The Government announcement was misleading.

by DSR

19:34 PM, 23rd June 2021, About 3 months ago

More important to determine what is on the TA at this point. If you said no pets then they are in breach of the TA. Even if there is a clause to say they must ask AND gain permission first inthe TA, and they haven't then they are again in breach.

You can issue a S21 but wont be applicable till the day after the fixed term ends.

Have there been any complaints about the dog from anyone else?

by Luke P

1:00 AM, 24th June 2021, About 3 months ago

Reply to the comment left by DSR at 23/06/2021 - 19:34
You cannot issue a S.21 until after four months.

by Dylan Morris

10:25 AM, 24th June 2021, About 3 months ago

Can’t blame the tenants if you advertised without a pet restriction and no prohibition on pets in the tenancy agreement. Seems very unfair to kick them out with a Section 21 for no fault of their own. Perhaps the dog is well behaved and not a problem. Hopefully it’s not a Shih Tzu dog……ha ha.

by Ian Narbeth

10:33 AM, 24th June 2021, About 3 months ago

"Hopefully it’s not a Shih Tzu dog"

or one of those crossed with a poodle!

by Jim

11:09 AM, 24th June 2021, About 3 months ago

Reply to the comment left by DSR at 23/06/2021 - 19:34
There is a clause asking for written permission in the TA. The flat isn't suitable for pets. Once the downstairs occupants move in then I think they may have an issue. They have already modified the garden to accommodate the dog which the downstairs flat have complained about.

Its a bit cheeky of them as they probably realise that most landlord are reluctant to have pets in their property for obvious reasons. If I allow them to stay then will increase the rent and also put certain clauses in the contract so before they leave the property is professional cleaned

by Jim

11:11 AM, 24th June 2021, About 3 months ago

Reply to the comment left by Dylan Morris at 24/06/2021 - 10:25
I had thought I was not allowed to advertise no Pets looks like I was wrong. The TA does have a clause requesting permission for pets. No idea what type of dog it is.

by Dylan Morris

17:14 PM, 24th June 2021, About 3 months ago

Reply to the comment left by Jim at 24/06/2021 - 11:11
Does the lease to the flat have a pet restriction if so you could be violating the terms of your lease ?

by Jim

17:47 PM, 24th June 2021, About 3 months ago

Thats a good point and there is no clause on pets in the lease. Another issue it was an open garden and the tenant has put a fence up. I did say to the tenant you can do anything to the Garden but didn't know the tenant would put a fence up presumably so they can keep the Dog there. Looking back I wondered why the tenant was so interested in the Garden and now its obvious.

by DSR

11:44 AM, 26th June 2021, About 3 months ago

Reply to the comment left by Jim at 24/06/2021 - 11:09
if they have not asked via written permission according to the TA requirements, and you have therefore not sent back written consent then they are in breach of the TA. Yes and check the lease details for the block - this might not permit a dog anyway.
You could amend the TA (not sure what the implications are this as near to the start of the current one?) but what if they refuse? You might be better starting from scratch with a new tenant.

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