Shorthold Tenancy Agreement Breach

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    Shorthold Tenancy Agreement Breach

    I have a tenant in the flat above my shop where the previously agreed short hold tenancy gave permission to have two dogs. They have without permission introduced an additional dog into the flat and have advised that although this may be in breach of the agreement they have no intention in removing the additional dog.

    Can I serve the tenant notice for breach of the short hold tenancy on the matter of the additional dog?

    #2
    Just serve a section 21 notice. It leads to a mandatory eviction. There is no need to argue in court about numbers of dogs.

    Comment


      #3
      Do keep the evidence of the extra dog to back up any deductions to the deposit, though.

      Comment


        #4
        In answer to your question, you could serve notice for breach of the agreement, but I'd be amazed if a court would support your claim on something relatively minor. You allowed 2 dogs, so a 3rd is hardly a major breach.

        Once again JK0 is suggesting throwing around s21s without a hint of trying to resolve the situation. That sort of behaviour from landlords after every minor breach will ensure a change in the law in the future which makes eviction much harder. Yes you could serve a s21 (assuming all your deposit protection is in order) but is it really worth the hassle of reletting when you clearly don't object to dogs in the first place.

        If on the other hand these tenants have been generally problematic with other issues then a s21 is more justified.
        IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

        Comment


          #5
          Had the same problem, no pets allowed. Then it was her Mums old dog that her Mother couldn't cope with, then Daughters goldfish, tropical frog finally hampster.

          Remove pets or go, pets gone overnight.

          Goss
          Long suffering Landlord.

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