AST tenant has acquired cat; Agreement prohibits pets

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    #16
    My son and his girlfriend have been looking at flats to rent.I viewed a property with him,and it was filthy.
    There had obviously been a cat(s) in there. The carpet was soaking in places with cat pee. It stunk so much we could not stay in there. All the agent had to say was "Well, it could do with a lick of paint"

    He arranged to view another flat with a different agent, when he got there he was met by a builder who was working in another flat. The builder said "The agent couldn't make it,so I'll let you in to look around. Professional or what.

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      #17
      [QUOTE=TonyH;23283]My son and his girlfriend have been looking at flats to rent.I viewed a property with him,and it was filthy.
      There had obviously been a cat(s) in there. The carpet was soaking in places with cat pee. It stunk so much we could not stay in there.


      My point excaliy how is the landlord to know to what sort training any pet has had or given.

      I`ve been in peoples houses and you would`nt know they had a pet, but others smelt like a kennel.

      a landlord should be able so say he does`nt want pets.

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        #18
        Originally posted by pippay View Post
        And in the context of using this as an excuse (on its own) for not allowing a tenant to have a cat, I stand by what I've said. I'm a tenant without a cat (although I'd dearly love one) and all the surrounding owner occupiers cats frequent the rented properties gardens. Perhaps I should take them to court to get them to stop their cats entering our gardens???

        On the other hand, some cat owners, whether private or tenants, are not very responsible about having cats/dogs and can have several at a time making the place smelly and dirty, ruining furnishings and floorings so I CAN understand that there are more valid reasons for not allowing pets.

        I just think this one is particularly flimsy and unreasonable.
        Now I know how the Pope must feel, i suggest you go back and read my original post
        Opinions given are mine, They are not necessarily correct, as the more I learn the less I know, You should always seek professional help.

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          #19
          To be honest I hate cat's personally they are the laziest,smelliest creatures that walk the earth.On a more serious note I don't think the clause in an AST about no pet's is actually enforceable the Human Rights Act as seen to that

          PART II
          THE FIRST PROTOCOL
          ARTICLE 1
          PROTECTION OF PROPERTY
          Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.


          Would a pet be classed as a possession even if it was a cat,dog,horse etc.The other side of the coin is it a breach of the AST or an "unfair term".
          Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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            #20
            Originally posted by pms View Post
            they are the laziest,smelliest creatures that walk the earth
            Are you talking about the animal or some of their owners??
            Cats are extremely clean and no lazier than another animal like dogs etc.
            Some owners however forget to clean the litter tray (for cat that don't go out) forcing the cat to go elsewhere where it doesn't have to bear the smell and can keep it "tidy". Pretty clean to me !

            Anyway, my cat's too busy cleaning herself to feel offended by your comments

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              #21
              Originally posted by Jennifer_M View Post
              Anyway, my cat's too busy cleaning herself to feel offended by your comments
              My comments about cat's were in no way intended to offend just personal opinion
              Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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                #22
                So you know how the Pope feels .. are you also allegedly "infallible" ????

                If you read MY post again, you will see it is you that has taken it out of context. You will see that I have not disputed the general argument that LL's are allowed to say no to having pets in their property - only the use of a very flimsy excuse of a cat using other people's gardens, which I would consider as "permission being unreasonably witheld".

                Of course a LL can say no; after all they do not know whether the tenants are responsible when it comes to owning animals (or paying the rent for that matter).

                I know of a tenant who at one time, with the LL permission, owned one gerbil (with a massive two story "house" for it) which was kept in the living room. She now has 4 gerbils and all the associated housing. The place reeks of the smell of wet woodshaving and rodent urine, with sawdust ground into the carpets below the housing.

                She might well love her animals but is totally oblivious to the smell and damage it is causing to the LL property; in the same way that smokers don't realise the smell and staining smoking can cause to a property and pet owners, especially if more than one pet, don't realise that pets give off smells. As the LL originally gave permission it would be difficult for him now to try and withdraw it, I would imagine.

                By the way, I am a smoker and a (former) responsible pet owner, but I can perfectly understand why a LL would want to say no to having both types of tenant in his property.

                So I beleive it IS a judgement call for the LL to make, providing his reasons for witholding permission are reasonable, valid and sustainable.

                Originally posted by welshgold View Post
                Now I know how the Pope must feel, i suggest you go back and read my original post
                Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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                  #23
                  I agree Jennifer - having owned dogs and cats in a past life, I find cats are cleaner than dogs when it comes to toilet habits, with one cat I had actually using the loo (untrained i might add !!) when it got caught short; I also found that dogs (particularly puppies and adolescents) are generally more destructive than cats, chewing anything from phone wire to flooring to furniture and staircases !!! Whereas my cats never scratched a thing (except the dog ... ! )

                  I also agree that it is all about being responsible pet owners.

                  Originally posted by Jennifer_M View Post
                  Are you talking about the animal or some of their owners??
                  Cats are extremely clean and no lazier than another animal like dogs etc.
                  Some owners however forget to clean the litter tray (for cat that don't go out) forcing the cat to go elsewhere where it doesn't have to bear the smell and can keep it "tidy". Pretty clean to me !

                  Anyway, my cat's too busy cleaning herself to feel offended by your comments
                  Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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                    #24
                    could you help with this statement?

                    Originally posted by MrShed View Post
                    - First question - she can do nothing, depending on how the term in the AST is worded. Can you paste exactly what the term about pets says? It is an unfair term to have a blanket ban on pets. IF it IS a valid term, she can technically begin eviction proceedings based upon breach of contract. However, it is unlikely that it is written in such a way as to make it valid. Bear in mind however, that if you want to stay in the property after April, this is now extremely unlikely - at this point she will be able to evict without reason.

                    - Keys - no you do not have to give her a set, and indeed I would refuse to do so based upon what you have said.
                    Not to keep any pets on the premises unless written consent is obtained from the Landlord and if consent is obtained, at the end of the tenancy the tenant will have the property sprayed/fumigated for flea infestation and all carpets and furniture professionally cleaned and prove to the Landlord by way of receipts that this work has been carried out.

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