Advice re: possession of dog without consent and change of contact number

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Advice re: possession of dog without consent and change of contact number

    My tenants moved in at the end of March and have not paid their rent on time ever since, it is always late and rarely in full. Although both adults were meant to be on the agreement the letting agent allowed the man to sign alone. He is a self employed bus driver and had to prove he earned enough to pay the rent. At first they asked if they could pay late a few times because of the date his pay went in, I was unhappy but allowed this. Then they asked if they could pay weekly instead in order to budget better. However they didn't do this either and I had to send a warning letter. They asked if they could have a dog and initially I said yes as long as they provided more deposit money in advance, as would have been required by the agent at the beginning, but when they kept not paying their rent I wrote to say I withdrew consent given this would have an impact on their finances. I have since discovered they got the dog anyway and again have not paid their rent in full. I have tried to contact both but she has changed her number and he is ignoring texts and keeps his phone off. I'm told a Sect 8 could be hard to prove as they are paying something. Any suggestions please????

    #2
    If the amount owed is equal to at least two months rent then you can issue a S8 using grounds 8/10/11, the amount can accrue in bits and drabs but must be a full two months owing at time of issue and on the date of the hearing, ground 8 is mandatory for the judge to grant a PO, grounds 10/11 are discretionary so not certain to get the order.

    You need to check that your agreement allows you to use this method.

    How long is the initial period?
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Thanks, that's what i've been advised elsewhere. am hoping my landlord insurance will cover my problem. Thankfully i'm not two months out of pocket but hopefully it won't get to that point! I need to check if there is a clause regarding issuing the sect 21 sooner

      Comment


        #4
        You can issue the section 21 notice whenever you want - there is actually no statute to prevent you issuing a section 21 now, commencing proceedings in 2 months time to allow for a possession date of the last day of the fixed term (either as per the contract, or as per break clause if one exists and is activated).

        However, applying to the courts before the end of the fixed term is likely to be a challenge as although the law doesn't prevent it, a judge may be confused by it as it is 'unusual'.

        Comment


          #5
          Advice re: possession of dog without consent and change of contact number

          Apart from falling behind with rent consistently my tenant has got a dog (I know this because they were stupid enough not to put privacy settings on Facebook and had pictures and conversations about the dog despite instructions they couldn't have it). In the contract it states they are not allowed dogs or cats and I want access to check there is no damage. The male tenant has his phone permanently switched off and does not reply to texts. His partner has changed her number and her number was the main method of contact with the couple. If I issue a Sect 8 I know I can only go for mandatory if 2 months late rent, while discretionary for consistent late payment. can i use another part of the section regarding obtaining a dog (an expensive fighting breed may I add costing about £1000 and no wonder they couldn't pay the rent). Also is changing all contact numbers classed as any form of breach? I can't go into house without their consent without potentially causing trouble for myself if they claim harassment but I need to check the dog isn't destroying my property!! Even if I send a letter I know I won't get a response.

          Comment


            #6
            Nothing you have described so far makes me think that you would be granted a possession order under section 8.

            If you suspect the dog is a proscribed breed, inform the police.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              OP previous post http://www.landlordzone.co.uk/forums...tion-21-advice
              Thunderbirds are go

              Comment


                #8
                Write (yes WRITE..) a calm polite letter giving over 24hrs written notice of an inspection. Get **free** proof of postage from any post office. Do not send recorded. Give time (say 3 business days) for delivery..;

                Go round, calm & polite, with witness, as long as they do not object to your visit (£5 says they will).

                Conduct normal legal inspection - you are checking it is OK & legal for the tenant to live in, you are not checking if you are happy with how they strew their dirty washing about.

                See what you see & report back...

                When was the last inspection?? What were the results??

                Cheers!
                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


                  #9
                  I was hoping that under a Sect 8 that having 2 discretionary terms (ground 11 for being persistently late with rent, then also under Ground 12 'any non-rent obligation of the tenant has been broken or not performed' obtaining the dog when this is against contract and has also been stated in letter and in text correspondence). I have not yet conducted a check because the one arranged to coincide with paying a plasterer after a roof leak was postponed by the tenant as she said she wanted to delay the work as her daughter was still poorly after an operation and she thought the dust would affect the child. I am still waiting for the roof to get fixed (it has a temporary seal under my landlord insurance) after a dispute with the council their property next door. I have sent texts and left voicemails to say I want access and haven't had a response. I live 2 hours away from the property and work full-time through the week so going to visit on the off chance they actually let me in is not an easy task, but one that is looking more and more unavoidable!

                  Comment


                    #10
                    Unlikely I think you'd get possession on such grounds but you might get lucky. You'll appreciate disrepair is a valid defence for tenant to use for S8.

                    That you live some way away and have to take time off is your problem, your choice. I should know, I have 1000mile plus round trip. Don't whinge about it to judge.
                    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
                      Two related threads have been merged.
                      I also post as Mars_Mug when not moderating

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X