Complaints from neighbours: my tenant keeps rabbits

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    #31
    Originally posted by jeffrey View Post
    "Homines sapientes are", surely?

    "A little inaccuracy sometimes saves a ton of explanation."
    - H. H. Munro (Saki) (1870-1916)
    ASSUME NOTHING - QUESTION EVERYTHING!

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      #32
      Assuming the rabbits aren't being mistreated and as the landlord I'm quite happy with the tennant keeping them and the property is freehold, what right do the neighbours have to demand that I (as landlord) get rid of them?

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        #33
        Originally posted by JDM2008 View Post
        ...what right do the neighbours have to demand
        that I (as landlord) get rid of them?
        They have every right to make whatever demands they like

        Less flippantly - if the rabbits are causing a nuisance (which is defined as an unreasonable and indirect interference with the use and enjoyment of land) to the neighbours then as you have given permission to your tenants, then you could be said to have authorised the nuisance and thus be jointly liable with the tenants. With animals the nuisance frequently consists of noise, smells and accumulation of dung.

        The remedies for nuisance are a prohibitory injunction and/or a claim for damages. In theory self-help abatement is available to the neighbours (ie: they could enter the garden and remove the source of the nuisance), but then they'd be leaving themselves open to a counterclaim for trespass to land, trespass to goods and/or what is known as "conversion" (taking or using property without consent).

        In terms of practical advice - tell your tenants to muck out frequently, remove any dirt from around the hutches (especially in the summer months), and just to generally try their best to remain on good terms with the people next door for no better reason than people usually find it embarrassing to sue someone who bids them a cheery "good morning" every day.
        Health Warning


        I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

        All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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          #34
          Originally posted by jeffrey View Post
          The problem with goldfish is that they reputedly have a very, er, what was I saying?
          Tank, Bowl, mouth?
          What i write is what i think....If you need solid info PAY A SOLICITOR!!

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            #35
            I know that potential unfair terms can only be decided by the courts but the guidance is there for reference purposes; if nobody is going to take any notice then why was it published?
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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              #36
              Well, OFT has to produce something to justify its existence, I guess.

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                #37
                Originally posted by Paul_f View Post
                I know that potential unfair terms can only be decided by the courts but the guidance is there for reference purposes; if nobody is going to take any notice then why was it published?
                The OFT's guidance, represents, not to put too fine a point on it, an extravagant interpretation of the law.

                In simultaneous posts in this thread, above, Jeffrey and I both described the guidance as a "wish list". In other words, it seems to represent what the OFT (as a body fighting for the rights of consumers) want the regs to achieve, as opposed to what rules the regs actually lay down in practice. In fact, IIRC, they say as much in the preface to the guidance. TBH, I think the OFT are far too biased and self-regarding to have been trusted with publishing the guidance and that the relevant central Govt dept (ie: the DTI) should have performed that task instead.

                UTCCR and the OFT Guidance do have an application, but more so in the realm of manifestly unfair terms such as penalty charges or terms excluding liability for negligence or non-performance of a contract etc. However, they are not a "get out of jail free card" that can be used to sweep any and all inconvenient terms under the carpet simply because those terms are a little bit skewed in favour of the business. Remember, the regs require both a lack of good faith (ie: an attempt to hide or misrepresent the terms in a standard contract) AND for those terms to cause a significant imbalance in the rights and obligations of the parties to the detriment of the consumer. Note that both conditions (lack of good faith and significant imbalance) need to be fulfilled and also further note that the imbalance of rights has to be significant.
                Health Warning


                I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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                  #38
                  Yes. The best and 'fairest' way to avoid such problems (and entire applicability of the Regs.) is individual negotiation of contract terms.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                    #39
                    Originally posted by agent46 View Post
                    and just to generally try their best to remain on good terms with the people next door for no better reason than people usually find it embarrassing to sue someone who bids them a cheery "good morning" every day.

                    For some reason I just can't stop laughing at that very wicked (and funny) observation on human nature!

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                      #40
                      Originally posted by attilathelandlord View Post
                      For some reason I just can't stop laughing at that very wicked (and funny) observation on human nature!
                      Thank you ladies and gentlemen, I'm here all week.
                      Health Warning


                      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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