Our tenants have a cat and we rented no pets

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  • Springfields
    replied
    Originally posted by mind the gap View Post
    Ha! I love that.

    And you could add a a PS:

    BTW, do you know anything which will get the smell of cat urine out of sh*g-pile carpets? For some reason it is in all the mattresses, too. They really stink. Would Fairy Liquid work, do you think?

    The censor won't let me write the word in full!
    Ha ha, Saying that I pity anyone who has a litter of kittens in the household .....

    Our cat managed to get caught before she was spayed, their more trouble than children. We once had the whole street looking for our little guys after the kids left the back door open. Couldn't find them anywhere!! I was in tears laughing when 5 fuzzy and vibrating kittens made their way out from behind the washing machine when it reached spin cycle!!

    Leave a comment:


  • mind the gap
    replied
    Originally posted by Springfields View Post
    Oh, the endless possiblilties........

    Dear Landlord,

    Please let me know how soon I can vacate. I have several pregnant cats at the moment and I would not want the move to interfer with their due dues. We have many kittens already looking for homes (if you know anyone who would be interested), the cat litter is costing a small fortune and the bin men aren't too keen to remove the amount we have stock piled for disposal.

    Many thanks
    Ha! I love that.

    And you could add a a PS:

    BTW, do you know anything which will get the smell of cat urine out of sh*g-pile carpets? For some reason it is in all the mattresses, too. They really stink. Would Fairy Liquid work, do you think?

    The censor won't let me write the word in full!

    Leave a comment:


  • Springfields
    replied
    Originally posted by mind the gap View Post
    That is a very good point!

    In fact it would suggest that opening a cats' rescue centre in the property would expedite the whole process. Just borrow lots of cats from friends for a few nights, treat them well and return them well-fed and all party-ed out, after LL has issued notice.

    Everyones a winner!
    Oh, the endless possiblilties........

    Dear Landlord,

    Please let me know how soon I can vacate. I have several pregnant cats at the moment and I would not want the move to interfer with their due dues. We have many kittens already looking for homes (if you know anyone who would be interested), the cat litter is costing a small fortune and the bin men aren't too keen to remove the amount we have stock piled for disposal.

    Many thanks

    Leave a comment:


  • mind the gap
    replied
    Originally posted by Springfields View Post
    Sorry Rose I don't understand what you want advise on?

    LL cannot make you get rid of the cats. If LL doesn't want them in the property he will have to ask you to leave, which in this case will result in the desired outcome for you.
    That is a very good point!

    In fact... it would suggest that opening a cats' rescue centre in the property would expedite the whole process. Just borrow lots of cats from friends for a few nights, treat them well and return them well-fed and all party-ed out, after LL has issued notice.

    Everyones a winner!

    Leave a comment:


  • Springfields
    replied
    Originally posted by rosewine View Post
    No way would we sign something saying we agreed to do something we quite clearly wouldnt and couldnt do. Any comments or advice would be greatly appreciated.
    Sorry Rose I don't understand what you want advise on?

    LL cannot make you get rid of the cats. If LL doesn't want them in the property he will have to ask you to leave, which in this case will result in the desired outcome for you.

    Leave a comment:


  • islandgirl
    replied
    does anyone really think a LL would gain possession on the grounds that a tenant had a pet but the AST said "no pets" - my vote is no way!

    Leave a comment:


  • mind the gap
    replied
    I am afraid that if you only examined the contract closely after you signed it, you cannot complain at this stage that its terms were changed without your knowing about them.

    However, I doubt your LL could successfully sue for breach of contract and gain a court order for possession on the grounds that you would not get rid of your cats after being allowed to keep them for the first period of your tenancy. Just be prepared to make good any damage and accept that the LL may issue a s21 at the end of the fixed term.

    Leave a comment:


  • rosewine
    replied
    Originally posted by Paul_f View Post
    The easiest way to prevent such a problem with pets is to create and put in a "Special Tenancy Conditions" (STC) clause that the tenant has agreed with the landlord prior to the tenancy that they will not keep pets. It works for smokers too as you can't normally prevent a tenant smoking unless they have previously agreed not to. The reason behind using a STC clause is that it's enforceable as it takes such matters outside the remit of the Housing Act 1988.
    Our latest(just started 3rd 12 mth AST) contract has this too, despite the fact that when we first viewed property with LA we quite clearly stated we had cats and my husband said, both to me and LA he wasnt so sure it would be a safe area (close to main road) but upon entering the kitchen saw that there was a cat flap in the door he said that it was probably ok as previous occupants had kept cats. We filled in the usual application forms stating what type pet and number we owned.This was okeyed by LA. LA sent us (to read beforehand)an exact (but blank)copy of contract that we would be signing on move in day and in it there was a pets clause saying the LL gives permission to keep following pets , type of pet number etc. We went on having regular inspections LA was seeing cats, everythings fine, house is immaculte, rents paid on time etc. In the last 3 months of second year of tenancy a new LA took over and we had an inspection where the LA commented on us having cats and asked if we had permission to which I replied yes of course we do. Nothing further was said. We were asked to sign a new agreement and the LA said it was a like for like contract with no changes. W e hadnt had any problems so in good faith we signed. It is only after having problems wanting to leave early believing we had a break clause that all the contracts came out to be examined under a microscope that we saw that 1st LA had added to the pets permission part a tiny n/a . Then we see in the new contract the clause saying we agreed to not keep pets. Why the need to do this? do we send our cats packing? No way would we sign something saying we agreed to do something we quite clearly wouldnt and couldnt do. Any comments or advice would be greatly appreciated.

    Leave a comment:


  • jeffrey
    replied
    Originally posted by Paul_f View Post
    The reason behind using a STC clause is that it's enforceable as it takes such matters outside the remit of the Housing Act 1988.
    No, it doesn't; BUT it does take such matters outside the remit of the 1999 'Unfair Terms' Regulations (which might be what you meant).

    Leave a comment:


  • Snorkerz
    replied
    Originally posted by mind the gap View Post
    That's why it's a daft clause!

    The answer is no, but you can keep a Jeffrey All the best qualities of a rhino, without the inconvenience of having to provide six bales of vegetation every few hours.
    Thanks for the offer - however the bathroom habits might be more of an issue than the feeding. The tenancy deposit would take a hammering.

    Leave a comment:


  • mind the gap
    replied
    Originally posted by bullybantam View Post
    There's pets and there's pets. Nobody's gonna be bothered about pets such as guinea pigs or hamsters, but cats & dogs are different matter - how about a clause saying "no carnivourous animals to be kept as pets"?
    And your point is...? As Paul has explained, if you negotiate such a clause individually, prior to your tenants' signing, it will probably hold water. If it's unreasonable or ludicrous (e.g. you can have a dog but not if it is called Rover), it probably won't. Some TAs specify 'one small dog', which seems reasonable; I expect that LL and Ts negotiate as to acceptable breeds before signing.

    And don't assume that everyone would be happy about guinea pigs but not about cats or dogs. For example, there are plenty of people who don't mind the idea of pets which are free to move about, but find the near-permanent caging of animals and birds (in any context) morally objectionable.

    Fortunately I let to students, who have their work cut out keeping themselves fed and exercised on a student loan, so additional wildlife isn't normally a problem. (Except for the feral rat they once befriended, but we won't go into that).

    Leave a comment:


  • PaulF
    replied
    The easiest way to prevent such a problem with pets is to create and put in a "Special Tenancy Conditions" (STC) clause that the tenant has agreed with the landlord prior to the tenancy that they will not keep pets. It works for smokers too as you can't normally prevent a tenant smoking unless they have previously agreed not to. The reason behind using a STC clause is that it's enforceable as it takes such matters outside the remit of the Housing Act 1988.

    Leave a comment:


  • theartfullodger
    replied
    Originally posted by jeffrey View Post
    1. Ignore the OFT. Its words have no legal effect at all.
    Indeed, I stand corrected...
    http://www.oft.gov.uk/news-and-updates/press/2009/83-09

    Leave a comment:


  • jeffrey
    replied
    1. Ignore the OFT. Its words have no legal effect at all.
    2. Is the property a house or a flat? Does L own it freehold or leasehold?
    3. (If leasehold) Do any long-lease covenants bar the presence of pets/animals?

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  • theartfullodger
    replied
    Note the wise guidance from Mssrs OFT on the subject (Google OFT356)...

    Page 64..
    Against keeping any pets.

    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.
    I have a clause "without LL's permission which will not be unreasonably refused" & when discussing the matter with the T use the comparisons of one well-behaved, house-trained stick-inspect vs. 3 non-house-trained, incontinent, Rotties with personality disorders...

    Should have thought normal deposit (apologies for going through the motions) process should handle things...

    You ain't Mary Bale are you???

    Cheers!

    Artful

    Leave a comment:

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