Please help? Unlucky!

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    Please help? Unlucky!

    Landlord seeks accelorated proceedings based upon the fact that I have two cats which breaches the AST.

    Lawyer is insisting that the property is inspected within 24 hours.

    I said I will call him back in the morning.

    Do I hide my two cats? Tell them husband took them when he left 6 months ago. My tenancy was new after husband left. The house is clean and looked after from my part.

    Also how quickly can accelorated proceedings take place and how soon will I be out?

    Also how long can I put them off inspection?

    #2
    Do not mislead anyone. It often backfires.

    The OFT guidance on unfair terms in tenancy agreements (please note it is guidance and not the law) says:

    Our objection is to blanket exclusions of pets without consideration of all the circumstances. Such a term has been considered unfair under comparable legislation in another EU member state because it could prevent a tenant keeping a goldfish. We are unlikely to object to a term prohibiting the keeping of pets that could harm the property, affect subsequent tenants or be a nuisance to other residents.

    Point this out to the lawyer. He can find the guidance here: http://www.oft.gov.uk/shared_oft/rep...rms/oft356.pdf

    Comment


      #3
      In view of Lawcrunchers post, could you quote the actual clause in your tenancy agreement that forbids pets?

      In answer to your original question about timescales, it depends on if you have been served a section 8 notice or a section 21 notice.

      Do not hide the cats. You don't have to let anyone into the property, but that would probably be counter-productive.

      Comment


        #4
        It is virtually impossible to hide a cat which does not want to be hidden.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by mind the gap View Post
          It is virtually impossible to hide a cat which does not want to be hidden.
          I meant take it to a friends. Figure of speech.

          Comment


            #6
            Thanks for the assistance.

            Just checked. It is a section 21 and a section 8.

            The notification on the AST says

            "Not to keep any pets or animals on the premises or any part thereof."

            My landlord never wanted anything to do with the property except money. I feel he will be looking for any breach of tenancy that he can acelerate proceedings. Please tell me the length of time I may have?

            Comment


              #7
              Originally posted by Free Lady View Post
              Landlord seeks accelorated proceedings based upon the fact that I have two cats which breaches the AST.
              If this is the only breach, the LL's application may well fail; it's not the crime of the century. Be sure to defend the application and to attend the possession hearing to argue your case (if you don't, then the LL is much more likely to succeed in his application).

              Lawyer is insisting that the property is inspected within 24 hours.
              Lawyer may insist, but you do not have to comply. Allow an inspection when it suits you, within a reasonable timeframe, such as within a week.

              Do I hide my two cats?
              No. It's always a bad idea to lie.

              Also how quickly can accelorated proceedings take place and how soon will I be out?
              Possession procedure doesn't happen quickly. Even if LL obtains a possession order, he then has to have it enforced by a bailiff, which involves further waiting...

              Comment


                #8
                P.S. if LL applies for possession via s.21 procedure, then your only defence is that the notice is invalid, either because it was incorrectly served, or gives the wrong dates/insufficient notice, or deposit unprotected.

                Comment


                  #9
                  Originally posted by Free Lady View Post
                  Just checked. It is a section 21 and a section 8.
                  The section 8 notice will have grounds for possession (probably ground 12), is it only g12, or are there others?

                  The section 21 will have an expiry date - what is it? When was it delivered to you? Does it seek possession under section 21(1)(b) or 21(4)(a)

                  Did you pay a tenancy deposit? When did you last sign a tenancy agreement (and for how long)? Has your deposit been protected in a scheme?

                  Comment


                    #10
                    Am I missing something here?

                    Why have you got pets in a property when your AST (and landlord) forbid it?

                    You either should not have signed the AST or not taken the cats in, whichever came first. This is really meant more of understanding rather than criticism.

                    I do not allow any pets in my properties and would be very annoyed if I turned up and found one. BTW I have an allergy to cats, so would know very quickly if you were trying to hide them!!! Lying just makes things worse.

                    Baz

                    Comment


                      #11
                      Originally posted by Bazdaa View Post
                      Am I missing something here?

                      Why have you got pets in a property when your AST (and landlord) forbid it?

                      You either should not have signed the AST or not taken the cats in, whichever came first. This is really meant more of understanding rather than criticism.
                      Possibly what you are missing is human nature.

                      I do not allow any pets in my properties and would be very annoyed if I turned up and found one.
                      Annoyance is somewhat beside the point. What you do is just charge the tenant for any consequences/losses due to the breach at the end of the tenancy, such as having carpets/soft furnishings professionally steam cleaned.

                      Comment


                        #12
                        Fair point, annoyance is beside the point, thanks for the slap!

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          The section 8 notice will have grounds for possession (probably ground 12), is it only g12, or are there others?

                          The section 21 will have an expiry date - what is it? When was it delivered to you? Does it seek possession under section 21(1)(b) or 21(4)(a)

                          Did you pay a tenancy deposit? When did you last sign a tenancy agreement (and for how long)? Has your deposit been protected in a scheme?
                          Section 8 grounds 10 and 11

                          Section 21 date of notice 18th March, received in post perhaps 4 days later, section 21 says last day of periodic tenancy 28th May.

                          I last signed a tenancy agreement on 29 Sept 09 for six months

                          Section 21 (1)(b)

                          No deposit was paid.

                          Comment


                            #14
                            Just spoke to LL lawyer.

                            I proposed that I stay in the property until 20th July (which is how long I need). I said I wanted it confirmed in writing that they will allow me to stay here until then.

                            In return I will not persue a counter claim against the disrepair and structural damage to the property. (excessive damp and ceiling fallen in over past 7 months) and will formally agree that the property is in a habitable condition. I would then allow them into the property to carry out the repairs needed and inspect the property as they wish.

                            As long as I stay here for the next three months I am happy. Daughter is writing exams and I don't want any disruption for her sake.

                            LL will still get four fifths of the rent.

                            Hope it works.

                            Comment


                              #15
                              Originally posted by Free Lady View Post
                              Section 8 grounds 10 and 11

                              Section 21 date of notice 18th March, received in post perhaps 4 days later, section 21 says last day of periodic tenancy 28th May.

                              I last signed a tenancy agreement on 29 Sept 09 for six months

                              Section 21 (1)(b)

                              No deposit was paid.
                              Grounds 10 & 11 refer to late or owed rent, have you been late in paying the rent and are you in arrears? If you are not and you can prove it the LL cannot use these for grounds to evict. Either way these two ground do not guarentee a possession order.

                              However the S21 is enforceable and the LL could pursue a possession order if you don't leave on the 28th May although this may take a month or two.

                              Despite what your solicitor said, I would not assume that you can stay until the 20th July, if your LL is feeling pig headed he could easily have a possession order by the end of June and the ballifs in a week later

                              Also rent is paid in whole months and not partial months, if you leave on the 20th July you would still be liable for rent until the 28th July.

                              You really need to get agreement on you plan with your LL as it could disrupt your daughter at precisely the wrong time

                              Comment

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