Unauthorised Pets

[roxytoo]

Hi Our tenants have given notice to leave in February to leave by mid March. They haven't been the best tenants. To cut a long story short we can see from CCTV that there has been a dog 'staying over' a few times a week with one of the girlsfriends also staying over. We have a no pets policy. (Freeholder says no pets, we are a block of flats with no outside space) We politely asked how long they had had pets for and they admitted dog staying over on 'occasion' and also a cat that they look after 'on occasion' in the evening when the tenants sister goes out. Are they in breach of contract? We haven't done the handover of the flat as yet. Because they have been obstrutive from the beginning I think the cat has been there all along but I don't have proof of that. Are we able to deduct/keep a portion of the security deposit?

[ash5050]

I think your surveillance with the CCTV might be more of an issue than the pet. Are you registered and complaint with the regulations as you're recording more than your own home & garden? Do you monitor your tenants by CCTV as usual?

https://ico.org.uk/your-data-matters...le-using-cctv/

You can only deduct for actual damage so you'd need proper evidence of what damage has been caused - whether by a pet or the tenant, then you can claim as usual

[DPT57]

It depends on the wording of your contract as to whether they're in breach of it, but that won't really help you very much other than given you a locus to sue them in court for any damage in excess of the deposit. It doesn't really help you with eviction because a court would be unlikely to grant it on that basis.

[roxytoo]

Thanks, I'll look at the CCTV again but was under the impression as we only have it on the gate of the property of 5 flats it did not need to be registered. There is a large sign stating there is CCTV and it is monitored. We don't monitor it on a regular basis, we needed to install it as there was a lot of drug dealing going on at the gate which has stopped now

[ash72]

Read this forum on the issues which pets cause to properties, this will give you an indication on what to look for when you or the inventory is being done. Also use your nose to smell anything.

You can only take a deduction if there was actual damage done to the property.

[jpucng62]

Even if they were in breach of the tenancy there's not much you can do, but you can charge for proper cleaning of carpets, curtains etc if there is a pet smell. Look for scratches on wood work & at door bars, curtains & nets too. I hope you can get them on something - LLs are constantly held to the law and tenants do what they want!