Pets Clause

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    #16
    Section 8 Grounds 1

    The landlord of said property are now concerned about signing a two year tenancy. Someone has told them that they will lose their rights under the housing act, i.e. ability to serve sec 21, and they are now saying they want to do 6 mths at a time. I have explained that the potential tenant would probably not be interested and that they could have many periods where the property is empty in the future with no rent and also additional costs involved of having to set up new tenancies etc.

    Am I right in thinking that as they are currently owner occupiers of the property in question (they are moving to the USA with work) that if they needed to return to the UK they could serve Sec 8, ground 1 to get the property back? i.e Two month's notice.

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      #17
      I would be very wary about signing a two year contract with new tenants, espicially if it was my home and I may need to return in the future.

      We give ALL new tenants 6 months only then if they want to renew it we do (all being well). Most of the time we leave it running as periodic.

      The Landlord is the one who is taking the risks and if they want 6 months AST then that is what is offered, nothing more nothing less!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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        #18
        I never give a new tenant longer than the minimum six months permitted by law. I would only consider giving a longer fixed term to an established tenant I can trust if they requested it. In over six years as a landlord, I have never had a problem with a tenant wanting longer than six months or being put off by the fact that a period longer than six months was not available. Every one of my tenants has been happy to allow their tenancy to continue on a statutory periodic basis.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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          #19
          I wouldn't start giving in to some people's demands in order to get a tenant in.

          There are tenants out there happy to have a 6 months contract, without pets etc. so the landlord shouldn't make it more difficult for himself in case there are problems.

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            #20
            Simply explain to potential tennants that if all is well at end of 6 months then periodic would be granted.. that should encourage them be responsible.. if they are on the level it shouldn't be a problem...

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              #21
              I thank you and understand all your comments, but, am I correct about Section 8 Ground 1?

              Comment


                #22
                As I understand it (and there are many members who know it inside out so pls correct me if I am wrong) a section 8 is usually served to gain repossession if the tenant is more than 2 months in arrears.
                However ground 1 does state:
                Ground 1 - This ground can be used where a landlord (or his spouse) has occupied the dwelling as his only or principle home at some time, and having given notice of his intention to return, now wishes to do so. Successors in title may also use this ground provided they did not purchase the dwelling.
                It is also apparently mandatory for possession to be granted.
                However I would not think that 2 months would be enough time if the tenant would not go. You issue the section 8 and cannot apply to court for 2 weeks. Then you wait for a hearing (minimum 6 weeks where I am). Possession granted (14 days, 28 days?) still will not go - back to court for baliffs - another 4 weeks perhaps or more?
                Your client cannot go abroad secure in the knowledge that if they wish to return they will get their house back in 2 months.
                Has anyone gained possession under clause 1?
                Also if you sign a 2 yr tenancy, the end of the fixed term is in exactly that, 2 years. Therefore you cannot issue a section 21 to vacate until 2 years have passed. Very very dangerous. I signed up to a year and deeply regretted it. Do not do longer than 6 months. If the tenant won't go for it - get another tenant....there may be a reason why they will not....
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  #23
                  I'm not going to raise any further points as there is so much waffle on this thread that is inaccurate and ill thought, but I will clear up Ground 1 of S.8.

                  Grounds 1 & 2 must be served together and is only served as a pre-Notice on tenants often as a requirement by lenders. All it means is that it is the landlords main home (not an investment property) and Ground 1 states he wants to come back to live there at the end of the tenancy, and Ground 2 is that if the owner doesn't pay the mortgage the lender can repossess even if it's during the fixed term of a tenancy. You only have to put the info into a search engine to find out this.
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                  Comment


                    #24
                    Originally posted by islandgirl View Post
                    How would a barking dog impact the LL I wonder? Any action for excessive noise would be against the owner surely?
                    There are times when I, as a LL, rely on the goodwill and interest of the neighbours who live next to my properties. Elderly neighbours who spend a lot of time looking out of their windows, or pottering around in the small hours, are a godsend if you have a property empty. One neighbour organises a communal topping-up of oil tanks, hence the oil costs less because the lorry is called out to top-up anyone who needs it, including my tenants.

                    Good neighbours are a godsend and I would do everything in my power to ensure that my tenants did not cause any nuisance to them. If that means concentrating a tenants mind, I'll willingly do it.

                    Do bear in mind that scotties and jack russells can be just as noisy. And has anyone addded an AST clause which forbids breeding of animals?

                    Comment


                      #25
                      Originally posted by Paul_f View Post
                      I'm not going to raise any further points as there is so much waffle on this thread that is inaccurate and ill thought, but I will clear up Ground 1 of S.8.

                      Grounds 1 & 2 must be served together and is only served as a pre-Notice on tenants often as a requirement by lenders. All it means is that it is the landlords main home (not an investment property) and Ground 1 states he wants to come back to live there at the end of the tenancy, and Ground 2 is that if the owner doesn't pay the mortgage the lender can repossess even if it's during the fixed term of a tenancy. You only have to put the info into a search engine to find out this.
                      Where does it say that g1/g2 Notices must be served together, please?
                      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.
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                      Comment


                        #26
                        Originally posted by jonblair123 View Post
                        Banning pet owning in a tenancy agreement is violating a tenants human rights. I am not suggesting in this instance the tenant will cause problems....but it is one thing to bear in mind!
                        That's one of the best comments I've seen on here, thanks! It's a human right to keep a dog in a rented house! Lovely!

                        I guess it must be a human right for the tenant to be allowed to trash the property too? And it's a human right not to pay the rent!

                        Sorry, but that really made my day!

                        Comment


                          #27
                          Tenants' pube ferrets should be banned too!

                          Here's what another investor on a different forum reports:
                          I thought I found a dead stoat in the waste pipe of someone's bath. It turns out it was a 'pube ferret'. 3 years of pube & girls hair, going down the plug hole matted together to create the mischevious creature which prevented water draining down the plug hole...

                          I will cultivate the life form, gathering pube ferrets from all the baths in the UK & selling them as 'no hassle pets' which don't require feeding & don't pee & poo everywhere. Perfect for the busy professional, ideal for those living in apartments...
                          Now there's an idea for a business venture.

                          Comment


                            #28
                            Catcuddler - wrong end of stick I'm afraid. Noone said you should not look after the neighbours - indeed I do! However if a tenant moves in and gets a dog I maintain that (whatever is in your contract) there is little you can do apart from get them out at the end of the fixed term. You can pass on complaints and try to get them to see sense but if they don't you are stuffed. You may "concentrate their mind" with whatever clauses you want but a bad tenant will ignore them. Perhaps you would be happier with a cats only rule? I would never have one but hey, live and let live! (sorry if this classes as waffle, Paul F but thanks for the excellent info on S8 ground 1!)
                            Unshackled by the chains of idle vanity, A modest manatee, that's me

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