AST tenant has acquired cat; Agreement prohibits pets

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  • POLO
    replied
    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.

    Leave a comment:


  • pippay
    replied
    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

    Leave a comment:


  • pippay
    replied
    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

    Leave a comment:


  • pms
    replied
    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

    Leave a comment:


  • Jennifer_M
    replied
    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

    Leave a comment:


  • pms
    replied
    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".

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  • welshgold
    replied
    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

    Leave a comment:


  • johnboy
    replied
    [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.

    Leave a comment:


  • TonyH
    replied
    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.

    Leave a comment:


  • Surrey
    replied
    Originally posted by johnboy View Post
    I might be missing the point here but why is it so unfair for a landlord who owns the property paid for the carpets etc to not want tenants with pets. If the tenant knows from the start what the rules are and they dont like it rent else where.

    by the way i have a dog and two pet rats (but not a big fan of cats)
    I suppose you could discuss what "reasonably witheld" could mean. If the landlord says he intends living in the property afterwards and he has a child who is severely allergic to animals that would, IMHO, be reasonable.

    Leave a comment:


  • johnboy
    replied
    I might be missing the point here but why is it so unfair for a landlord who owns the property paid for the carpets etc to not want tenants with pets. If the tenant knows from the start what the rules are and they dont like it rent else where.

    by the way i have a dog and two pet rats (but not a big fan of cats)

    Leave a comment:


  • Surrey
    replied
    After the "with permission" clause you will often find another clause that specifically mentions any damage or dilapidation caused specifically by having a pet and the tenant is expected to rectify the problems at their expense. This may include the cost of fumigation to get rid of flea infestations, and could potentially mean replacement of carpets, repairs to doors and walls if the cat has scratched them. And I wouldn't have thought expecting a tenant to pay for that kind of repair would be unreasonable, just as if they had damaged bits of the property even without the help of a pet.

    If a tenant wants a pet, the landlord should reiterate (perhaps even in writing) what the tenant's responsibilities are regarding the condition of the property, and specifically mentioning the additional deterioration often experienced when pets are involved. Pet owners often don't realise how smelly their pets can be and how the whole place can smell like wet dog!

    Leave a comment:


  • pippay
    replied
    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.

    Originally posted by welshgold View Post
    although you have taken one part of my posting out of context,i will answer this , the point is that in making one person happy you are annoying someone else. The fact that all cats crap does not make you feel happy when they mess on your doorstep

    Leave a comment:


  • welshgold
    replied
    Originally posted by pippay View Post
    It's a fact of life tha cats use other people's gardens, so all cats from surrounding properties may use the garden of a rented property ..I don't see this as a valid reason for witholding permission to have a cat !! You could easily have an owner occupied property next door whose cat uses the garden - and there is diddly squat that can be done about it, apart from scaring the cat away and discouraging it.

    And I've never yet been able to stop a cat - any cat - from catching wildlife. It's what they do and in their genetic makeup.
    although you have taken one part of my posting out of context,i will answer this , the point is that in making one person happy you are annoying someone else. The fact that all cats crap does not make you feel happy when they mess on your doorstep

    Leave a comment:


  • pippay
    replied
    It's a fact of life tha cats use other people's gardens, so all cats from surrounding properties may use the garden of a rented property ..I don't see this as a valid reason for witholding permission to have a cat !! You could easily have an owner occupied property next door whose cat uses the garden - and there is diddly squat that can be done about it, apart from scaring the cat away and discouraging it.

    And I've never yet been able to stop a cat - any cat - from catching wildlife. It's what they do and in their genetic makeup.

    Originally posted by welshgold View Post
    other tenants can object to the cat messing on there gardens and killing the wild birds, .

    Leave a comment:

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