I have to give this tenant notice, don't I?

[CheddarGorgeous]

Nice girl, student working part time in a pub. Rents a room in a shared house we own.

Been late with rent 3 - 4 times (out of 7), much better recently.

A bit flaky and definitely messy / untidy. But that's not hugely my concern except when the cleaner (which I pay for) can't clean the kitchen because it's covered in last night's dishes.

She has a dog - which she only told us about a week before she was due to move in. A bit underhand but I met the dog, it was fine. Neighbour (who works nights) has complained that the dog barks when left alone in the day which stops her sleeping. So she leaves the TV on for the dog to reduce this.

Text last night from her - some maintenance issues - could we sort. DH went round this morning and found:

• Dog poo on the front door mat (inside the house)
  
• Dog wee stains on the hall carpet
  
• Bagged dog poo in the garden by the back door - maybe about 15 days worth, stinking to high heaven.
  

She's past her first six months so I think I want to give her a month's notice because in my mind this is a major health hazard and will affect my ability to successfully attract tenants to the other rooms. No one wants to live with a pile of dog poo in the garden.

Am I being too harsh? Thanks.

[SPBInDisguise]

Urgh. So is she the only one in there at the moment?

[CheddarGorgeous]

No, there are three others.

Her friend who moved in at the same time as her has just given notice so I have advertised that room.

Her friend helped look after / walk the dog so I am worried that the dog will left alone too much when she goes.

[CheddarGorgeous]

I should add, I have a dog myself and have had other tenants with dogs but this seems like real disrespect to her house mates. I wouldn't want to live there with dog poo bagged in the back garden. Not so bad in winter but in summer - urgh as SPB said.

[biryani]

Are dogs allowed as part of the agreement? If not, she's in breach of the agreement in't she? I'd be careful, though: if she was under the impression that dogs were allowed because the initial agreement wasa bit vague and the dog has subsequently turned out to be a problem, it may be more difficult to prove a strong enough case against her. She sounds a nightmare, dog or no dog, and I think you would be within your right to terminate her tenancy on the grounds of not paying rent on time.

[CheddarGorgeous]

I agreed that she could have a dog.

But leaving dog poo around is just rank.

[pettyprudence]

As the landlord you will have to give her 2 months written notice on or before the next rent due date. So if rent is due 1st April you need to gove notice on or before this date and she will then have to vacate by 31st May. If you give her notice say 2 or 3 April she would not have to vacate until 30th June (unless she voluntarily agrees to go sooner!)

[CheddarGorgeous]

Our AST says one month's notice. Her rental date is the 1st but I will give her warning today I think to give her time to either get her act together or find somewhere else.

DH was there at 9.30 am and again at 2.45 pm and there was no one home all that time. It's too long to leave a dog alone, no wonder it's barking and weeing in the house :(

[pettyprudence]

its statutory law so it doesn't matter what is says in the tenancy agreement. the tenant can give one month but landlord must give 2. this is only an issue though when the tenant knows the law and is being a pain about leaving...

[MousyMouse]

get proper advice wrt to the notice, landlordzone is pretty good for that. if rooms are rented out separately rather than the whole place the statutory notice period might be different.
but yes, I would give notice and be strict with the 'no pets' next time.

[pettyprudence]

landlord zone is excellent

[CheddarGorgeous]

Thank you. Been renting out for seven years and this is the first time I've considered giving notice to a tenant.

I think first step is to ask her to consider asking her parents to look after her dog, she's obviously not up to it.

[TuesdayNightDateNight]

Did you include a supplementary agreement for the dog? We insist on extra deposit and a full de-infestation on departure.

[herhonesty]

Yes.

[xabiuol]

Def 2 months notice regardless of what it says in your contract.
Also did you take a deposit and if you did have you protected it in a tenancy deposit scheme? If not you may have forfeited your right to give notice at all!

[CheddarGorgeous]

Yes to additional agreement for the dog and yes of course deposit is in DPS.

I'm not totally clueless, I just don't know whether I am being unreasonable in my expectations of this tenant - i.e. not to leave dog turds to fester in pastic bags in the back garden. I don't think I am.

I've rung her and left a message, waiting for a call back.

Thank you all - most helpful.

[pettyprudence]

No not unreasonable at all, especially as its a shared house.

[Elansofar]

Get rid of her. Late payment is enough to make an easy decision.

[fatnfrumpy]

7 yrs of being a LL and this is your first problem tenant? Oh I wish we had been so lucky!
Our first ever tenant has turned out to be a drug dealer, not paid any rent since Oct, court date for April 2nd but he now says he is ill and waiting for a council house. Since found out he is claiming HB but not passed it on to us, smashed holes in our walls and doors, threatened neighbours with violence and stolen laptop that was delivered for downstairs neighbour.
Police not interested, agents not interested although turns out his references were fake.
So far 7k out of pocket!
I do agree though with others it doesn't matter what is in the contract do it legally and above board. She has more rights than you. Two months notice from LL though she doesn't have to agree!
Good luck

[gregssausageroll]

Sounds awful fatnfrumpy. I hope you have malicious damage cover on your insurance.

[CheddarGorgeous]

Oh no, not our first problem tenant at all. 90% have been great but we have had fires, smuggled-in pets, unpaid rent... The lot. But the bad ones have all left of their own volition after they realised we would not be messed with.

This one is more Teflon-y. I wanted to get an opinion whether I was being too harsh on her.

She hasn't returned my call, I'll send her an email today so it's all in writing.

Really sorry for your problems fatnfrumpy - the biggest problem I ever had was with a florist, so you never can tell!

[pettyprudence]

keep going with the eviction fatnfrumpy - if your tenant is eligible for a council house they won't house him until he is evicted by court ordered bailiff. all the easier if he doesn't bother to turn up to court. keep a record of his acknowledgment of the court hearing - i didnt know the judge would ask me for this.
i am having to do that for one of my clients with a pregnant tenant at the moment but she has asked us to follow through so she can get a council house which makes me feel slightly less awful.

hope the giving notice goes ok op.

[fatnfrumpy]

Thx pettyprudence!
Our tenant has written a defence as why he hasn't paid any rent since Oct. He has a lung condition! This is funny as we have CCTV evidence of him smoking in the communal hallway, gardens and front path.
He wants to be rehomed by the council. I don,t understand how! He is from Africa.
Algeria in fact, so not in the EU so how is he getting over £600 per month in housing benefit even though the police have said he is a known drug dealer?
OP good luck with your dog tenant. Hope she goes quietly!

[narmada]

Fatnfrumpy, sounds awful. I hope you get him out soon. The fact he is from Algeria, though, is neither here nor there. He could have settled status (e.g., legally able to stay here and legally able to claim benefits). Benefit eligibilty has nothing to do with nationality and everything to do with immigration status and residence in the UK.

[CheddarGorgeous]

A quick update. No reply to my phone message so I sent an email asking her to make alternative arrangements for the dog.

I pointed out it was unhygenic and unfair to the other tenants.

Fairly quick reply - she's accepted the points I've made and the dog is going back to her parents house until the end of term. She is a student in her final year so I don't want to make her find somewhere else to live as finals are approaching, and it's likely she'll leave when her course finishes anyway.

I don't want to always say no to tenants with pets but I will be better at making sure they are not causing a problem.

[fatnfrumpy]

Glad you had an uncomplicated result!