To say that no pets mean no pets?

[Aprilcherry04]

I currently have lodgers in a 3 bedroom semi. They seem nice enough and the neighbours say they are well behaved. However their contract says no pets and I found out they have 2 cats living in the property. I was visiting a friend and saw a cat sitting on the window ( inside) as I passed. They contacted me a couple of months back to ask if I was likely to renew contract and I said yes - subject to a house inspection. They have also mounted a 60 inch tv on the living room wall without permission. I have a strict no pets no smoking clause on the tenancy agreement. I have a cat allergy. Contract needs renewed in a month. Aibu not to renew?

Well put tigger on the train!! I am so stealing that!

@wink1970 - seems reasonable of you! A good clerk will notice the bracket and/or any poor redecoration - you said it was a wallpapered wall? You should be awarded damages - a reasonable proprotion of the total cost of puting the wall right!

Well be cautious because the next ones you have in might not pay rent and might really trash the place

I’d also double check with your agents before doing anything

When I used agents the difference in what I was told and what my tenants were told was vast!

It's very simple: there is a no-pets clause and they've flouted it. They are in the wrong. But not that simple in law... as has been pointed out above!

Yes, OP can serve notice... but almost everything else in your post, and many others, is redundent because

a) we have no idea where the property is, or the extant laws
b) most of it is covered by most ASTs anyway - damage, frequency of inspection, contractual obligations etc

And, as I said earlier, OP NOT giving permission may work in her favour at the end of the tenancy should there be any damage due to the cats!

Can't be Australia... there are so many more variations there, more tenant oriented
What does this mean, please, CuriousAboutSamphire? Thanks

If they signed a contract for no pets then they should not have cats. It is the sneaky way that they introduced them behind your back. We have 6 BTL properties all no pets however when a tenant of 3 years rang and asked if she could buy her daughter a kitten we agreed if they signed pet contract including making good any damages it caused, carpet clean when they left and no pet burials in garden. We respect ed they came to ask first. They have been there 8 years now and cat friendly and caused no damage. A good relationship between owner and tenant is about respect both ways. This tenant has not been respectful. New legislation is coming making it impossible not to renew tenantcy so I would be giving 2 month's notice to tenant who went behind my back as indicidiv of character. We treat our tenants well and fairly but expect honesty from them.

@PenelopeFlintstone Australia has far more stringent rules and regs than the UK. They include longer notice periods and different reasons to evict. But mainly it is a far more regulated industry than here. DHs aunt does the equivalent of my job out there. She is often horrified at the laxity of the job I do, the protections for landlords and tenants alike!

@Justaboy

Well put 'tigger on the train.'

LOL! I might change my name to that!

@DarlingNikita

I really don't get how the OP is being 'stressy and angsty and precious' or trying to 'micro manage'

Never mind. Nobody expects you to 'get' everything on here. So don't worry about it.

Firstly as a landlord Ii can sympathise. However have a look at your tenancy agreement, was is drawn up by an agent? Usually it says no pets without the agreemnent of the landlord. There is a body of argument that says landlords cannot legally forbid pets or unreasonably refuse permission ( which I have done when a tenant out at work all day wanted a dog in a flat). In cases where permission is given you can have a separate pet agreement which has an additional deposit to cover pet damage. As others have said, you cannot evist by just not renewing the AST. You can request they leave but they can refuse. A section 21 gives two months notice and if they refuse they go to court which takes another two months, many tensnts will stop paying rent during this period. Under a section 21 you cannot make a claim for unpaid rent. Section 21 is about to be stopped due to unscrupulous landlord use. Breach of tenency agreement has to be by a section 8 which must detail the breach, usually 2 months rent in arrears. This also takes a minimum of 4 months. Personally I would inspect the house and discuss any damage or nuisance the cat may be causing. You may well decide it is not worth the hassle . If they are otherwise good tenants I would, and have, just leave it and make good when they leave. Generally cats are not as bad as dogs

It's cheeky but baffles me why landlords agree to babies and small children but not pets. Don't little humans (and big in a lot of cases!) cause far more damage than pets? Pets if raised and looked after properly tend to settle and behave. Obviously going on my own experience but it's much harder with argumentative, bossy little toddlers. Kids not even 10 who act like teens and slam doors.

My 3yo has had so many accidents whilst potty training. 99% of the carpet scrubbing has been because of my kids (drinks, nose bleeds, vomit, wetting accidents). I'm a single mum and I do my best - obviously I don't want that where I live either! but I reckon this is pretty normal in houses everywhere - and why carpets sales are dropping .

@Aprilcherry04 Can you not a least say which COUNTRY you are in??? It's hardly going to identify you is it?!

You'd be within your rights to get rid of them or insist they get rid of their cats, but you need to weigh up what the consequences of that could be, in terms of hassle for you evicting them, finding new tenants, etc. If they are otherwise decent, get them, on renewal, to sign an additional agreement specifying their current number of cats (and no more) and obliging them to have a professional-standard clean done and repair/pay for any damage when they move out.

A professional carpet clean NEVER happens. You would have to withold some deposit. To do this you need inventory photos before and after to show the damage, more hassle

Yabu.
We have a rental property each and allow pets. Never had any problems and tenants have always left them spotless. We're realistic that most people do have a pet or two. As for the TV bracket, it's their home fgs.

A professional carpet clean NEVER happens. Oh it does, I take pictures of invoices for them every day

You would have to withold some deposit. You mean you would have to request that the tenant releases some of their deposit to you!

to do this you need inventory photos Words... words... a description, individual's perception of the condition of the carpet at the beginning to be compared with a comparison of it at the end. No picture can adequately show the dirtiness of many things.

before and after to show the damage, more hassle Landlords don't get compensated for hassle. It is considered to be part of their job as a landlord!

You are being utterly ridiculous to think that disclosing the country you live in will "out" you - if your country has a small enough population that identifying yourself as a landlord of a 3 bed semi living there is enough to "out" you then you probably own the country and can do what you like.

YANBU to be annoyed, but the damage is already done and there is no point getting rid of them if they are otherwise good tenants (eg if they pay their rent on time, keep the garden in good condition and are not nuisance neighbours to the local community).

If local laws allow it, I would write to them saying that them having cats, in breach of the contract between you, will mean that the carpets, curtains and any soft furnishings (if you own them - obviously not if the property is let unfurnished) will have to be destroyed and replaced after a complete decontamination for pet-related allergens once they leave. This will cost $XXXX (get a quote) and will be required whether they leave now or in 3 years time or whatever. Whilst you are angry about this, the damage is done and evicting them now would not undo it. Therefore you are prepared to set out a new contract, which includes permission to keep pets on the condition that all pet-related allergens are removed, with an initial duration of 12 months with a rent increase of ($XXXX/12) per month which will be banked and kept in reserve for the eventual decontamination of the property when they leave. After the cost of the decontamination has been accrued in this way, the next renewal will have the rent go down again to close to its current level (with modest adjustment for inflation and to allow the decontamination reserve to be topped up from time to time to adjust that for inflation too). If they leave before the decontamination costs have been accrued you will hold them responsible for the costs through the courts due to their breach of the current contract.

UK laws would not allow you to do the above, but as you won't reveal where you are I have no idea whether you could do it.

You could get your letting company to let them know you’ve been made aware of cats at the property. That’ll they’ll now need a full house check and a new contract drawn up, so that any damage by the pets will be paid for by the tenants and they’ve lost their deposit for breaking the rules.

You don’t have to kick people out of their home for this. The damage is done.

THAT!

If we knew, OP, we could advise on how best to protect yourself from loss.

In the UK one usual way is rent increases, to recoup the cpst over the length of the tenancy - shit for longer term tenants who leave little or no evidence of their pets, but that is what the changes in laws have meant for some!

Which is why some of us tried very hard to get the government to listen to people other than Shelter before they changed anything. But no...

If the op has a cat allergy, then it's more than just damage. She will also need to deep clean to remove allergens. This is the main breach IMHO.

I have two house cats. They have caused no damage to anything in our homes, they will be 6 this year. Maybe view the house before you think about chucking good tenants over having cats - it may chance your mind on the situation. You may find you end up replacing them with horrid people.

But OP doesn't live there and has only said that she might do so, at some point in the future!

So, given that and the fact hat the tenants are still living there, she has not, as yet, suffered any loss, damage or inconvenience!

You could get ... a new contract drawn up, so that any damage by the pets will be paid for by the tenants and they’ve lost their deposit for breaking the rules.

No, you can't do this. The original deposit is protected and deductions could only be for actual costs, not just a general punishment for breaking a rule.

I can't believe people are saying "oh pick your battles, oh if they are good tenants" etc

They are not good tenants!! They brought cats to the property without permission! That is not a good tenant. Plus the OP is allergic to cats.

What with the TV thing as well it does sound like these tenants think that rules don't apply to them which could lead to other undesirable actions and is a worrying situation to be in for you.

Personally I wouldn't renew the contract, assuming other tenants will be easy to find and I would tell them why.