Pets causing eviction

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    Pets causing eviction

    Hi everyone,

    Bit of background to start with.

    We are new tenants of a rental property and told not only our letting agent but our landlord that we were the owners of two dogs.

    The letting agent checked with the landlord that dogs were ok and they agreed as long as any damage/cleaning was dealt with by ourselves, we agreed and accepted a tenancy on the property.

    Fast forward to our first property inspection and we were given a glowing report on all aspects. The inspector from the letting agent even commented that they wouldn't of even known that we had dogs (no smells, damage, noise etc) and we were a credit as owners and tenants.

    Brilliant we thought until we get a phone call from the letting agent stating that we had two weeks to get rid of our dogs or face eviction.

    Needless to​​​​​to say getting rid of our family members wasn't an option and we refused. We asked if there was a problem with the inspection that we had missed or had there been complaints from neighbors and we were told no, the landlord who happens to be a national charity had decided that they didn't want any type of pets in their properties and essentially pulled the rug from under our feet, the dogs go or you all go!

    My question is this, is this legal? What if any course of action/s are open to us?

    Thanks in advance.





    #2
    What does your lease say?
    If your lease says that no pets are allowed, do you have anything in writing to say that it has been agreed that you can have the dogs at the property - and, if so, exactly what does that say?

    Comment


      #3
      Originally posted by Macromia View Post
      What does your lease say?
      If your lease says that no pets are allowed, do you have anything in writing to say that it has been agreed that you can have the dogs at the property - and, if so, exactly what does that say?
      Thanks for the reply.

      The tenancy agreement does state no pets without permission from the landlord and as I previously stated we asked and were given that permission. We didn't have to sign anything to state the dogs were involved in the tenancy but after speaking to the letting agent they are listed on the application for tenancy and they were aware that they would be moving in with us after we insisted on getting permission. The letting agent supports our refusal but the new CEO of the charity is steadfast that they want the dogs out.

      Comment


        #4
        If you have a copy of the application you at least have evidence that you made the landlord aware that you had pets before agreeing the tenancy. Do you have anything that confirms that permission was granted?

        It is completely unreasonable for a landlord to agree that you can have pets before you sign an agreement and to then withdraw that agreement soon after the tenancy starts.

        Whether it is legal for them to start eviction proceedings if you don't get rid of your dogs is another matter. If you can't show that permission was given they may be able to evict by claiming a breach of the lease. If you can show evidence that you were granted permission they will likely find it difficult to withdraw this permission but will be able to pursue eviction after the initial tenancy period has ended, if not sooner - so you will only be able to delay eviction.

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          #5
          Originally posted by Macromia View Post
          If you have a copy of the application you at least have evidence that you made the landlord aware that you had pets before agreeing the tenancy. Do you have anything that confirms that permission was granted?

          It is completely unreasonable for a landlord to agree that you can have pets before you sign an agreement and to then withdraw that agreement soon after the tenancy starts.

          Whether it is legal for them to start eviction proceedings if you don't get rid of your dogs is another matter. If you can't show that permission was given they may be able to evict by claiming a breach of the lease. If you can show evidence that you were granted permission they will likely find it difficult to withdraw this permission but will be able to pursue eviction after the initial tenancy period has ended, if not sooner - so you will only be able to delay eviction.
          Thanks again for your time and input.

          We don't have a copy of the application but will be requesting one from the letting agent asap. Both we and the letting agent agree that the landlord is being unreasonable and we wouldn't of even contemplated taking on the tenancy if the dogs weren't allowed. Luckily the letting agents have been amazing and very understanding, they have offered to let us view other properties that guarantee pets allowed. They have also given us the heads up that the landlord would possibly not extend our tenancy beyond the initial 6 months effectivity negating the need for a section 21.

          Lesson learnt abiet a very very expensive and emotional one!

          Comment


            #6
            Legal aside, "national charity" - well known?

            A bit of public pressure if you can get some traditional or social media attention may be enough for them to suddenly decide it was a "misunderstanding".
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Originally posted by Wiffle View Post
              They have also given us the heads up that the landlord would possibly not extend our tenancy beyond the initial 6 months effectivity negating the need for a section 21.
              No such thing. If you stay beyond the end of the fixed term, a statutory periodic tenancy automatically arise by law. If landlord want to evict, they must serve notice and go to court. (Not that this help you, since nothing stopping them from serving you s21 from month 4+ onwards.)
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                I bet letting agent never told landlord about dogs before letting, and they only found out when they got the inspection report.

                Comment


                  #9
                  Agree with JKO LA did not tell L but fast forward to the inspection the same forgetful LA or someone else working for the LA has 'let the cat out of the bag' in the inspection report. Only a bailiff acting with a warrant from the courts can evict you.

                  Comment


                    #10
                    Originally posted by KTC View Post
                    Legal aside, "national charity" - well known?

                    A bit of public pressure if you can get some traditional or social media attention may be enough for them to suddenly decide it was a "misunderstanding".
                    🤣 Considered this but would rather find an amicable resolve before effectivity hurting the users of the charity. Pets are an emotive issue and charities get enough bad press, some justified, some not so although I'm sure the locals, nationals and social media would have a field day with something like this, makes you wonder just how many animals end up in shelters or destroyed as a result of the housing legislation in the UK.

                    Thanks for clarity on where we stand, I'm still confused with the two week to get rid of request though, this surely can't be enforced (I'd love to see the bailiff try to take the dogs, my significant other is part Rottweiler 😂)

                    As the others have said this is sounding like an admin error that we as tenants are left paying the price, sad but certainly a life lesson.

                    Comment


                      #11
                      Originally posted by JK0 View Post
                      I bet letting agent never told landlord about dogs before letting, and they only found out when they got the inspection report.
                      Ah! This is exactly what I was thinking as well.

                      Comment


                        #12
                        At any rate it's a tad unreasonable to give someone 2 weeks to rehome their dogs.

                        I don't know, but I'd be happier to let to people with pets (within reason, of course) than to those with children!! In my experience and those of other landlords I know, the latter have been far more problematic in terms of damage etc

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                          #13
                          Originally posted by Wainwright View Post
                          At any rate it's a tad unreasonable to give someone 2 weeks to rehome their dogs.

                          I don't know, but I'd be happier to let to people with pets (within reason, of course) than to those with children!! In my experience and those of other landlords I know, the latter have been far more problematic in terms of damage etc
                          You join us and the letting agent in the same thought, does anyone know if there's a set limit of time they can request or is it something they can just make up as they go?

                          I can echo that, my kids are all grown up now but my mediocre DIY skills have been called upon many more times for the kids than the dogs during the years.

                          Comment


                            #14
                            They can't actually force you to give up your dogs. They can (attempt to) evict you.
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            I do not answer questions through private messages which should be posted publicly on the forum.

                            Comment


                              #15
                              Did you get LLs prior written permission to keep pets?
                              Was any restriction on type, breed and number required by LL for his consent or did you just move ou 'babies' in?
                              Pets cannot be a T, but remain the property of the human Ts, with no Rights.
                              If your LL is a Charity, I doubt you havemore than a ommercial AST.

                              Comment

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