Dog in rental property

[CaptainObviousTwo]

Moved into a new house on Friday. Standard tenancy, no pets allowed which I didn't really pay much attention to when signing the contract aso I had no pets.
Roll on the day after my tenancy starts and my Mum has to go into hospital unexpectedly. In the heat of everything, I agree to take her dog to stay at mine whilst she goes in, not really thinking about it wih everything else that was going on.
At lunchtime I got a call from the Estate Agents saying the landlord had been past the property and seen the dog, and dogs aren't allowed.
Well, fuck. I hadn't even thought of that. For context I work in a pretty stressful job as well as running two online businesses and study an OU degree on the side so I've not really slept in days with the house move and didn't think the situation through.

I've gone back to them and explained. I am pretty positive I won't find alternative arrangements for the dog.
I have offered an additional deposit to cover the temporary change and suggested an additional contract labelling me liable for any additional wear to the house.

Dog is clean, fleaed and beautifully behaved and genuinely won't cause any damage. unlike if I had a toddler

I haven't heard back yet and am panicking. I could just put my head on my desk and cry, I'm so stressed.

My last rented place was no dogs. However they were fantastic when DF was in hospital. My grandmother had taken his dog but she then broke her leg - I was the only one who could look after the dog and once I explained it was short term, they were fine about it. (Though in my case I did ask first)

I agree completely with Perper and SD60. The landlord is being a dick in my opinion and the only way he can get you out is by using a Section 21 at the end of your contract. He wouldn't win any case based on breach of contract. (I'm a LL btw). And then you could string it out through the courts for another six months if you felt so inclined. By that time the dog would probably be gone anyway and the LL would have spent a load of unnecessary money.

Ignore any threats. Keep the dog as long as necessary.

Agree with perper

Was about to write something along the same lines.

Countvesuvius Good thing you're not a LL then because you'd be shit at it. What if you were a LL and Zeus lobbed a big fat lightning bolt at your rental property and then magically altered your insurance so it wasn't covered? What if your neighbour farted so loudly it made your house fall apart?

There's no point in talking about things that aren't actually the case.
You might as well say "well if your mum didn't have a dog and didn't get sick you wouldn't even be in this situation" or "if only you hated dogs you could just kill it and then your LL would stop complaining"

If you didn't exist we wouldn't be wasting time reading your stupid and irrelevant comments.

op you need to separate your situation from the landlords situation

You are in a stress and panic due to the things that have gone on.

However

LL rented out their no pets property and the next day found a dog in it. They are entitled to be furious that you broke the tenancy agreement almost immediately.

It's difficult but I don't think you can describe the LL as inhumane if they won't allow the dog to stay.

So if you didn't exist OP what would have happened to your mum's dog?
Considering that my mum's medical issue is to do with her uterus and was quiet likely caused/exasperated by having children I'd imagine that if I didn't exist she may not be having this issue at all.

I don't really see the relevance of that.

I'm aware that breaching my contract was unreasonable but would stress that it was neither deliberate nor exactly my idea of a walk in the park.

If I'm evicted, would I be responsible for the remaining 5 months rent? Presumably I wouldn't get my deposit back?

Those who are saying they'd evict me - why? Presumably as a punishment rather than a logical decision? I'd imagine it would be costly to do and then they'd have an empty property which has a reputation for being difficult to let.
The alternative is to allow their tenant some leniency and have the security of an additional deposit plus a professional house clean, not to mention not making someone homeless for supporting their sick mother.

Landlords may not be aware that the Office of Fair Trading in the Unfair Terms in Consumer Contracts Regulations 1999 forbids a no pets clause. It expects landlords not to unreasonably hold consent for tenants to have a pet

The recommended approach is to have a clause within your Assured Shorthold Tenancy requiring that the tenant obtain written consent for the keeping of a pet in the property. Legally a landlord cannot unreasonably withhold this consent

The UTCCR are no longer in force and the OFT no longer exists.

I do not know if the Competition and Markets Authority, which took over from the OFT, also follows this line of thought that has never been tested by the courts in the UK, or as far as I know, in the UK (the UTCCR derived from EU law, which now applies via the Consumer Rights Act 2015).

I do know that the OFT had a long-running dialogue with the AA about terms that said that patrols did not have to deal with a broken down car if there was a an animal in it. I think someone worked there who had a thing about animals!

The point is - LLs CAN refuse consent for animals, and the only way of finding out if the OFT was right, and it would be an unfair term, would be to test it in court.

If I were a LL I'd be annoyed if someone ignored my desire to keep my home pet-free (and particularly dog-free, I'd probably be more relaxed about a rabbit for example). I think if the above guidance were right (and I don't think it is) there would be a lot of LLs who would stop letting their properties which would be a bad thing for those who want to rent and not buy (or just can't afford to buy).

elevenclips inhumane was an emotive word to use. "Mean" would probably be better, and I really wouldn't want a mean landlord. Inhumane would be if he came round and killed the dog.

At present the Estate Agent is talking to LL. From what I understand he's a reasonable bloke who once had a bad dog experience - fair enough. I'm willing to take reasonable steps to alleviate the risk on his side, and hopefully the situation is very short term anyway.

CaptainOviousTwo You can't be evicted (as in, quite literally, they cannot get you out of that house because of this dog) and you are safe there for your six months at least. If your contract was up it might be different, as they could use a section 21 or not renew, but they'd never get a section 8.

I really don't understand those who are saying they'd 'evict' (I mean, they couldn't)- it's hugely irrational.

Those who are saying they'd evict me - why?

Because quite frankly I wouldn't trust you as a tenant at all after that.

Had you called me first, I would absolutely have been reasonable; agreed on extra deposit and taken you up on the offer of a clean.

However, not telling me and then presenting me with a situation I had to find out myself by accident?

Not a great start to a tenant/LL relationship

Just in attempt to win the dog lovers

Ignore the gnome, he's terrifying (and in my mind far more of a liability than the dog)

OP, a professional clean would have to be pretty major to get rid of doggie smell.

It's like cigarette smoke to a non-smoker, you notice it a mile off.

Same goes for doggie smell. It gets into carpets and curtains and you'd have to replace everything as a LL. And there might be fleas or ticks (not sure how long either can live away from their host).

And in my post above I meant to say the point has not been tested in the courts in the UK or in the EU. I wish MN had an edit function!

JacquesHammer honestly it was the deliberate. It happened the same day I was moving and I hadn't even considered it. Though of course it looks bad.

Mulledwine1 Fair point about the OFT but the law is still valid and has not been superseded. It's never tested I suspect because LLs know it would be a costly and futile way to get a tenant out. A huge number of ASTs are signed that are, technically, unenforceable, and that includes any with a blanket ban on pets.

That doesn't mean that a LL can't refuse- it just means that the tenant has to be able to request, and all reasonable requests have to be granted.

If I was your landlord I would not be looking to evict!! I hope you have contacted the landlord direct to explain, do not rely on estate agents to interpret!
Once this is settled OP, I think you and your mum need to come up with a contingency plan for the dog. What if you had been abroad? Or ill yourself?

Op- I think the question of what would happen to the dog if you didn't exist just means if you weren't around to help, where would the dog go? Is there no one else who can help. I don't think it was a prying question.

I think you've done the right thing in making offers to clean and extra deposit etc. However you can't blame your landlord for being suspicious given the circumstances

Have you had any luck with the cinnamon trust

The way you explained the dog only being home alone for 3 hours sounded like he is always there. Is this really you taking in your mum's dog in a emergency or is it your dog / a dog that you regularly look after?

CaptainObviousTwo

A collie - the most intelligent breed there is. You don't need to win support, you have plenty of it already and I've read every post in this thread. The consensus seems to be that given the situation, in all its detail, that your LL would be an absolute ARSE not to allow this on a temporary basis.

While you may technically be in breach of contract, it's not a grave one. I don't believe any court in the land would side with the LL if they get all heavy handed about it, tenancy agreement or not. The law, although rigid, doesn't begin and end with the letter of it. There is such a thing as reasonableness.

Don't panic, look after the dog - they aren't disposable items. Don't forget to let us know how this pans out, I'd be VERY surprised if your LL goes nuclear about it given the circumstances. Most people aren't that mental.

No harm, no foul.

(Mulledwine1, if you're interested, here is a more up-to-date explanation www.landlordlegalsolutions.co.uk/site/blog/legal-blog/tenant-keeping-pets-at-property and the official guidance that it is based upon is here www.gov.uk/government/publications/unfair-contract-terms-cma37 - as I'm sure you know, it's all down to interpretation of unfair/reasonable, but no LL with any sense would want to be the first to test that)

Obviously, you should have asked first. I hope the dog can stay with you while your mum is in hospital, but the landlord would not be unreasonable to say no, nor was he unreasonable to think you'd lied and sneaked your own pet it - it happens!

One thing though, that's a Border Collie. If it isn't exercised and stimulated enough (it needs lots!) you will have a complete pain in the backside who may well annoy the neighbours or destroy the house...

As for those comparing dogs with children, there is a big difference between drawing on a wall and chewing a skirting board or kitchen unit, or door, or eating a hole into a wall

GhoulWithADragonTattoo genuinely my Mums dog. I did consider getting a dog once Idownloading started working from home PT, tbf, but I want to wait until I'm on the property ladder for that.

I'm giving him plenty of exercise, more than my Mum does really. You can tell by the bags under my eyes which scream 4 days in a row of getting up at 6am for an hours jog.
I had a BC about 4 years ago, a rescue who'd had no exercise and the first few months were a nightmare.

But I'm getting sidetracked!

Depends on your LL I'm afraid. Have you tried something along the lines of.. dog will be here for no more than 2 months (will give you time to find somewhere else for the pooch)? If I was your LL I would be fine with this as it's strictly temporary and occurred in unforeseen circumstances (unfortunately I'm not though).

Actually, there are plenty of dogs that absolutely wouldn't cope with kennels and anyone with an understanding of dogs and welfare would understand that.

THIS ^

Some dogs are easily stressed, some are very sensitive - and if the dog is old, kennels can really be a death sentence.

I hope your mam is better soon OP, and hopefully the LL will be generous.

If not - try the Dogs Trust - sometimes they can help with foster homes for dogs. Also maybe the Cinnamon Trust?

I'm sorry to sound suspicious it just sounded like a regular thing. I hope that your mum is better soon and the landlord lets you have the dog win the meantime.

I'd appeal to your landlords better nature. Apologise for springing it on them and explain you understand it didn't look good that you've brought a dog into the house so early on but trek them how desperate you are she'd offer a deposit for the duration of the dogs stay, to be returned to you when the dog goes home. Invite an inspection and the opportunity to meet the dog. It may not appeal to them but it's worth a shot