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AIBU?

TRying to sell the house with tenants in - undisclosed dog

420 replies

Newbrummie · 28/01/2017 14:07

So had a viewing at the house yesterday and the patio was covered in dog shit, as was the garden. I figured it would take a few months to sell so was happy for them to stay whilst it was on the market. Am now starting to think this is going to be impossible isn't it ?
Can I afl them to remove the dog for the rest of the tenancy ?

OP posts:

Report

OurBlanche · 30/01/2017 10:42

It's all on the words thoug, Cromwell ... 'tenantlike' is subjective, as is 'reasonable'

The guideline is usually "Would you keep your own home like that?" and many epople would, sadly! So a judge is highly unlikely to grant eviction on the basis of dog poo unless there was supporting evidence of upset and distress to the property, neighbours etc. In this case an adverse EH report!

Many posters, myself included, have advised that OP detaches emotionally and simply gets on with an effective and legal eviction process,e specially as she has identified them as being unlikely to move without eviction, given their financial circumstances....

brokenheartdog · 30/01/2017 10:50

I think people are against op because many people on here have tried to help with the correct way to do things but the op seems to know better despite being repeatedly legally incorrect. I've never read ops past posts

Gallavich · 30/01/2017 11:15

If the dog shit is causing permanent damage to the patio then she has an argument. But since dog shit can be hosed off with no lasting damage then this isn't a breach of tenancy.

RB68 · 30/01/2017 11:36

Advise them of an inspection, advise them what you expect particularly regarding pet damage and dirt in the house and also the poop mountain out back. Give them enough notice to sort it. Do the inspection, write to them with any issues, advising if they are not dealt with there will be deductions from deposits etc.

Start proceedings to remove them prior to selling of the property - you are allowed to do this is selling, it may take some time, they may overstay etc but at the end of the day the process started now will be better than the process started down the line. As to it being a home - yes it is - but it doesn't mean you owe them anything other than they are entitled to under law. Sometimes you have to do that - same as when you are the boss and have to sack someone etc

Itwillbefine · 30/01/2017 12:06

We had a no dogs and no smoking rule and against my better judgment DH allowed a small dog which they said wouldn't go uostairs. Upstairs was carpeted, downstairs laminate. I saw it upstairs once and the place smelt of cigarettes when they left. They refused to professionally clean the carpets on leaving even though it was in the contract. Their answer was it hadn't been done for them moving in. Maybe so but it had been our home and we had no dog...

I hope you get the situation sorted and sell asap. Letting your old home is not easy and doesn't always make you money. You are more emotionally attached than a regular buy to let LL that does it to make money.

Itwillbefine · 30/01/2017 12:09

His new tenants ( he owns the house so I consider them his) want him the fit a new door because the current one is draughty. I've told him tell them to put up a curtain behind it. The door is was just there when they agree to rent it so can't expect a new door at hundreds of pounds.

itsbetterthanabox · 30/01/2017 12:39

I wouldn't buy a house from someone who was making other people homeless.
If it's your house why don't you live in it?

Gallavich · 30/01/2017 12:51

itwillbefine your tenants were quite right not to professionally clean the carpets, that would be betterment. You shouldn't have agreed to a dog without additional deposit anyway.

Teaholic · 30/01/2017 12:53

Such expensive principles!! I bought my house from a landlord.. it was a small terraced basic house in my price range partly because it had become very outdated and shabby in the 20 years it had been rented. I have rented too. I could not have afforded such worthy principles.

Itwillbefine · 30/01/2017 13:00

It irritated me because they lied to my face about smoking and the place definitely smelt of cigarette smoke. They also put some awful white stones in the flower beds which they should have to removed. We're allowed to redecorate but it was done badly. They were there 6 months and just weren't worth the hassle they caused.

I get riled by threads like this when LL are all tarred with the same brush.

itsbetterthanabox · 30/01/2017 13:35

Teaholic
I also bought a small, cheap terraced house. I couldn't afford much more.
No one was made homeless for me to move in though.
And now I live in that house. I didn't buy it to rent it out to people at an extortionist price.

OurBlanche · 30/01/2017 13:35

You shouldn't have agreed to a dog without additional deposit anyway. Apparently that is up for debate at the moment!

It seems that if you DO increase your deposit you are acknowledging that the FWT will be greater than for a petless tenant, and, therefore, you will recoup less!!

It is causing some heated discussions in Associations and Scheme forums alike!

Gallavich · 30/01/2017 13:39

That's interesting Blanche! Bit of a minefield.

specialsubject · 30/01/2017 13:58

Extortionate rents only work in London. Outside the holy city if you ask too much rent you don't get tenants.

Do be careful when reading the guardian.

OurBlanche · 30/01/2017 14:16

Gallavich · 30/01/2017 14:28

London and southeast. We aren't at London levels yet but it's getting silly.

Itwillbefine · 30/01/2017 14:30

I owned a flat before DH got his house and when I rented that out I had only recently put new carpets in, so I made the deposit larger than normal. Which was handy when I had the non paying tenants...

joanopie · 30/01/2017 19:18

As far as I understand, legally you can give them 2 months notice to quit the tenancy since you wish to sell the house. My daughter and her husband did just this recently as they are an UK forces family and are buying a house to settle in permanently in a different town to the one they originally bought lived. They gave the tenant 2 months notice, as was the legal requirement, and in fact she managed to find a house within 5 weeks. It will mean you won't get any rent until it is sold, but if I was buying I would be put off with the dog poo, as I would wonder if the whole house would need a good clean. If they don't clean the dog poo what else don't they clean would be my view.

Gallavich · 30/01/2017 19:58

Only if they are not on a fixed term tenancy.

MenopausalMomcat · 01/02/2017 05:14

"Well if they aren't arseholes I will give them their deposit back in good time and a reference."
That's pretty much inferring that if they ARE arseholes then you WOULD hold their deposit.......

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