Tenant Inspections how often?

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    Tenant Inspections how often?

    How often can I inspect my property, my tenant has only been in a month but I know she has a dog, can I evict her if she does not get rid of it? her AST Agreement states no dogs.

    #2
    I would say no chance! Others may have different views but I would be flabbergasted if a court awarded possession for having a dog. After 6 months would be my view. And only with permission from the tenant.
    Unshackled by the chains of idle vanity, A modest manatee, that's me

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      #3
      so what is the point of having it in the Tenancy Agreement that no dogs are allowed?

      Comment


        #4
        Originally posted by Acton View Post
        so what is the point of having it in the Tenancy Agreement that no dogs are allowed?
        There are a lot of things written into tenancy agreements that are not enforceable. All you can do really is get rid of tenant at the end of their fixed term/break clause. Only real deterrent to a tenant is that LL would do this if discovered.

        Hope you have a signed (by T) detailed inventory and should the dog do any damage (I wouldn't consider anything done by a pet as fair wear and tear) deduct from any deposit you hold.

        I must admit I do feel for LLs in this regard. I've always asked if I could have pets and been told no several times and just lived with it. To me it's called respect. My neighbour does the whole hiding of her two cats/dog she looks after for parents whenever her LA visits. It does nark me.

        I've noticed more and more recently that the properties for rent on rightmove for my area that more and more have "pets possible". Rents are falling here so why a T cannot find a likeminded LL that doesn't mind pets is beyond me.
        I'm a good tenant with great landlords
        I'm also a living, breathing, fully cooked female.

        Comment


          #5
          Originally posted by Brb View Post
          There are a lot of things written into tenancy agreements that are not enforceable.
          Of course it's enforceable- if the Court considers that reasonable.
          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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            #6
            I think we have had this discussion before - has possession ever been won under a section 8 on the grounds that the tenant had a dog but the ast did not allow it? I would doubt it!
            Unshackled by the chains of idle vanity, A modest manatee, that's me

            Comment


              #7
              I imagine it would depend on how detrimental the fact that the rule was being breached was. Ie if said dog was barking constantly, damaging the house etc etc then court would be more sympathetic.
              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

              Comment


                #8
                Originally posted by jeffrey View Post
                Of course it's enforceable- if the Court considers that reasonable.
                I said there were lots of things written into tenancy agreements. I wasn't actually referring to OPs pooch policies I've seen clauses that seek to over-ride statutory rights. I know - shocker! I guess I alluded to what I meant, which was that not everything you put in an ast is law and grant you the automatic right to boot a tenant out during their fixed term.
                I'm a good tenant with great landlords
                I'm also a living, breathing, fully cooked female.

                Comment


                  #9
                  Well, I can agree that at least. Only breaches or circumstances giving rise to mandatory grounds for possession (g1-8) create an automatic right to boot a tenant out during their fixed term. Other breaches or circumstances covered by g9-17 (=14A) are by definition less severe and give rise to only discretionary grounds.
                  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).

                  Comment


                    #10
                    Originally posted by Acton View Post
                    How often can I inspect my property,
                    I've seen it suggested every 3 months, with T's permission/having given written notice 24hrs in advance/based on tenancy clause.. Anything more frequent might possibly be seen as harassment.

                    Yup, dogs eh! If you have been able to get away with only one dog as a problem, and no evidence of damage by said pooch etc you've been much luckier than me, and I suspect many others hereabouts....

                    AFAIK only legal right of inspection is so that LL can ensure property is "fit for habitation" see LL & T Act 1985.. S8...
                    http://www.legislation.gov.uk/ukpga/1985/70/section/8

                    That the tenant, say, keeps coal in the bath, dirty dishes piled high in sink & curtains drawn all day is his affair - as long as he returns property as-was less-fair-wear-'n-tear. You can of course comment on coal etc & tenancy clauses breached...


                    Cheers!

                    Artful
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      I make a point of organising in advance (ie I mention it before they even sign the agreement) a 1-month inspection - on the basis of resolving any queries or issues the tenant may have, but it gives me a pretty good indication of what's going on and how often I may need to inspect in the future. It never causes any grief with tenants.

                      To be honest I very rarely go round specifically, other than the odd time when I'm there for some maintenance issue or other - however that's because I've trusted the tenants to keep the place in good order and notify me of problems in good time.

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