Legal and/or animal welfare issue? Tenant's dog.

[Paq]

NB we are in Wales.

We have a small flat rented out, through agents who are generally great.

The tenant is in rent arrears and is slowly trashing the property. He has been served notice (all correctly done) and will be out in March. The problem is we now need access and he is not responding to the agent.

Last year (around the time we started eviction proceedings) he moved a large dog into the property. We asked him to rehome the dog because he does not have permission to have pets. He has not complied and told the agents that because it lives in a crate, it's not affecting the property. The agent won't enter the flat when the tenant is there because of the risk from the dog, the tenant won't reply to the agent, so we are at a stalemate! Am I missing anything?

I'm also concerned for the welfare of the dog. The tenant is clearly unwell as evidenced by his erratic behaviour (I won't detail it all here because it's too identifying) and I cannot imagine how he can meet the needs of a large dog. Would RSPCA respond to a call?

I must admit I've found the RSPCA about as much use as a chocolate teapot. But worth a punt.

You're right to be concerned, no dog should be living in a crate. I would try the RSPCA explaining the dog's needs aren't being met: living in a crate and in filthy conditions.

Can you contact the local Dog warden do they have them in wales ? You can say you have concerns about welfare and it might be a dangerous dog, im sorry you are going through this what a nightmare.

your agent should not enter the property without consent by the tennant.
regardless of the issues described, the it's the tennant's home and they have the right to no allow anyone to enter, unless they have a warrant or in an acute emergency.

Yes I completely understand, but as the LL I'm also required to ensure gas and electricity inspections are completed, that smoke and carbon monoxide alarms are in working order etc.

The other occupants of the building have raised issues with the agent over rancid smells and vermin, which they suspect are emanating from this person's home, so there are also public health issues.

If he is known to mental health services, they can take the dog from him, with his agreement, and kennel it until he is well enough to care for it.

I, as a kennel owner, board dogs for the county council in this situation. My longest stayer was the best part of a year.

Thanks @QuirkyHorseI would not know where to start with finding out whether he has a social worker!

I would definitely be escalating this to whoever would listen. The police, RSPCA, adult social services, the council as well if it’s a public health issue.

Keep trying until someone does something. That poor dog could be living in misery.

Long as youve given 24 hours notice you can gain access with your key if tenant refuses, my old agency threatened me with it when the boiler guy lied & pretended he had tried to contact me for gas safety check when he hadn’t.

Poor dog.

If I ring the number for Mental Health and Adult Social Care it asks if I am ringing about a person who is already in receipt of care. It is an automated voice thing. If I say the person's name, I get out through to their social worker.

Hope this helps.

'The problem is we now need access and he is not responding to the agent.'

From what you have said you have no right to access without consent of the tenant, doing so could be very dangerous and stupid regardless of if the dog is there or not. You need a high court writ and a bailiff to force entry into the property while the tenant is still there.

You need to wait until they have vacated the property.

It also sounds like you just asked them to leave (served notice to leave). They don't HAVE too though. They could stay and force you to go through the courts, get the writ and organize bailiffs which takes months and costs thousands.

Throwing petrol on the fire is literally the stupidest thing you could do right now.

What some landlord agents do in situations like this is to sweet the pot of them moving out like forgiving owed money and damages if they are gone by a certain date, helping by organizing removals using their deposit (with their permission of course) or releasing the deposit early to allow them to use it to get a new place or sometime even just straight up paying them to leave (a couple of hundred now could save thousands in court fees). You need to know which ones right for which situation though.

Your best option is to be very nice or to stay away all together until they are gone.

They 'threatened' you with it, doesn't mean they CAN. Its a common threat with no legal standing. They must give 24 hours notice that they intend to visit AND be given consent for that visit it is not either/or.

The only time they have the right to entry without permission is in an immediate emergency they are assisting emergency services like during fire, flood, gas leak or an ambulance call out where the person cannot unlock the door etc...

I know MN is generally suspicious of LLs, and given the number of bad ones out there I do understand.

We will of course act entirely within the law, and with compassion. He does have family support (his dad advocates for him) but unfortunately he is endangering himself and others by not allowing basic health and safety requirements like gas safety checks to be carried out. It won’t be an emergency until it is.

When I rented I had a running joke with my neighbour in the same block. The agents would turn up, not even knock, and just try the key. We'd yell 'What are you doing?' through the door and get a sheepish, 'Oh, we've come for an inspection' and we'd either had no notification, or had said it was inconvenient and to come another day as WFH in meetings all day.

We both would ask why they'd tried to gain entry and every time we got the same stock response (which became the joke):

'We have a duty of care and were just checking you were ok as there was no answer when we knocked.' YOU DIDN'T KNOCK.

I know it isn't legal but agents just do what what they like a lot of the time. They rely on people not knowing the law or being too afraid to challenge them.

Note to OP, you can't use the duty of care excuse as you know his dad is around (sorry)

The regulation there however also states "that access not to be reasonably denied."