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Tenant with dog

3 replies

gingergran · 03/02/2012 17:06

I own a leasehold flat in a block and no animals are allowed. I have rented out my flat to somebody whose son frequently stays over and brings his dog with him. I have told my tenant verbally that she is in breach of her lease as it expressly forbids all pets. My question is can i do anything - such as a section 8 notice for breach of lease - as if we are being pedantic the dog is not hers. Also, how is my lease with the freeholders affected by her breach? The freeholders are aware of the situation as one of the other leaseholders has complained to them although they have not been in contact directly with me. Do I need to put something in writing to my tenant or should just let sleeping dogs lie (forgive the pun)?

OP posts:
oreocrumbs · 03/02/2012 21:01

Beware of opening a can of worms.

You can in theory give notice to evict on two grounds - the complaints of the freeholders, and having pets.

BUT as you say its not her dog, and I would think your tenancy says no animals to be kept at the property not no animals to visit.

If you issue a section 8, and she doesn't leave you will have to take her to court, and its not likely they will back you up as she doesn't keep a dog at the address. You would have to prove she did rather than her prove she didn't I think.

If her tenancy is not fixed term you can issue a section 21 which is 2 months notice to quit for no reason. Again if she doesn't leave then its court but ifyou do everything by the book they will give you a posession order.

If she is in a fixed tenancy then you can give this notice once you are so far into it but the eviction date has to be the date at the end of her tenancy. (you will have to check this out with some one a bit more in the know than me!)

I don't know how this affects your relationship with the freeholder, but if they havn't contacted you I wouldn't be worried.

I'm presuming it wasthe other leaseholder who told you about this - so in your situation I would write to your tenant and say that you have been informed that there is a dog in the flat and remind her that this is in breach of her lease. Send it recorded delivery so you can prove she received it.

If you have no other problems with her - she pays rent and keeps the flat nice leave it be. By writing to her if the freeholder gets on to you then you have something to show them that you have acted on the information.

You could then look into the eviction further down the line.

Be aware that evicting a tenant if they don't want to go quietly is a long and expensive process, and causes animosity with someone who has your property in their care.

gingergran · 03/02/2012 21:35

Thanks for the advice - I haven't yet received anything from the freeholders but the secretary of the management company lives on the same floor as my tenant and is a nosy old bat and therefore nothing escapes her notice - usually a good thing but...

Other people in the block (of 6 flats) have breached leases by putting up satellite dishes for example and nothing has happened so my inclination, as you have suggested also, it to leave things be.

She is only in the first month of an AST not due to finish until Jan 2013 and as long as she pays her rent and generally looks after the flat then to tell the truth I am happy.

OP posts:
oreocrumbs · 04/02/2012 09:51

I would pick your battles, IMO for a quiet life I have let pets go under my radar in the past, when I've had someone in who is a good tenant!

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