Unauthorised Pet

[dmh0110]

Hi there,

I have found out that my tenant has a cat living in the property without my consent. I have a pet clause in my contract and not only that, she asked me verbally on the day before she moved into the property and I said no (I don't think I am being unreasonable as previous tenant's cats have caused costly damage to my property).

Here's the clause:
The Tenant must not keep any pets or other animals at the Property without the prior written consent of the Landlord which must not be unreasonably withheld or delayed. If permission is given, it may be given on the condition that the Tenant pays an additional reasonable amount towards the deposit.

As it stands, she is not aware that I know. Here are my questions:

- Is it reasonable/lawful to ask for a pet fee of say £25 extra per month?
- Can I back date that lawfully?


I realise I can ask for extra deposit, but she already paid two months so I don't think it would be reasonable to ask for more. I will also be advising her of additional cleaning costs etc which may need to be covered when she moves out.

I am just so cross but trying to be reasonable too.

Thanks for any advice.

DK

[theartfullodger]

Serve s8g12 & s21. Nothing else worth doing.

Expecting all tenants (or agents, or MPs...) to stick to what they have contracted/promised/signed-up-to is likely to lead to disappointment.

Ditto tenants expecting all landlords to stick to what they are legally obliged to do is likely to lead to disappointment.

[Singhno1]

It is upto you on what you want whether you want to keep and just ignore the pet.
But as you have had previous experience which has resulted in damages then you need to rethink the increase will it be justified agains any damage this pet will do. I have 3 cats(2 strays) as my own but very docile apart from one chasing the other two. So some scratches do occur but thats my own home. My tenant got a small dog as the T was not in a good mental state I let it go. Regretting it now. Constant smell damage to furniture.

So I would go with theartfullodger to serve S8G12 and S21, court might try and wiggle out of S8 but S21 they cant do anything as long as you do it correctly ie have all the reg been followed properly prior to serving the S21.

think hard before taking about money side.

[sam_cat]

If you want to 'ignore' take an increased income, dont tie it to the pet, just section 13 for an increase in rent.

[Singhno1]

Increase in rent cant come in midway if I have been informed correctly. But if the AST is coming to end soon yes you can think about it. this way you will not be cut out of the S8G12 for the pet to evict....

[sam_cat]

Correct, cant do it in the fixed term. Once out of fixed term you can do it once every 12 months (a year must have elapsed since the last rent increase)

https://www.landlordzone.co.uk/infor...hold-tenancies

[mariner]

Many people offering poor advice, hopefully not me.

If/when T asks for your written consent to keep a pet, you can specify the type (breed) and number you will allow, pref in writing, and charge a reasonable amount for your consent (not a deposit) or adjust the TA accordingly eg T pays for pet deep clean at end of Tenancy, otherwise s21. Pets are not just dogs & cats.

[dmh0110]

Thank you everybody. I have just found out she is intending to move out in the next few months so I'm going to ask her to sign an agreement for any additional cleaning etc. If the cat has ruined my carpets again though......

[Snorkerz]

Glad to see your problem may be nearing an end. For reference, I agree that a section 21 may have been a way to get your tenant and pet out of the property, however, imho, s8g12 would not be likely to succeed without significant damage having already been caused. It is a discretionary ground and in the majority of cases judges would not find it proportionate to make a tenant homeless because of tiddles.