Tenant vacated on time but left dogs in property- vacant?

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  • Tenant vacated on time but left dogs in property- vacant?

    My tenant has vacated the property on the last day of his notice period (two months notice given to him).

    He has removed all furniture and left a rotweiller dog and staffordshire bull terrier in the property.

    He returns about every two days to feed the dogs.

    The RSPCA have said this is not cruel. They have visited the property and noted that the property is not being lived in but being used as some sort of kennel for these dogs.

    I know to evict a tenant I must get a court order, but how do I fair, as I have been locked out of the property, unable to gain access in case I get bitten by these vicious dogs.

    If I have to get a court order to evict two dogs!!!!!!!! Can I get compensation from the tenant?

    How would I fair legally if I did enter the property and was bitten by the dogs?

    I would be so grateful for any advice as this really seems to be a no win situation for me at the moment, and with the loss of rent already incurred, currently £1350 plus the cost of court action and further loss of rent, this situation seems totally ridiculous.

  • #2
    T has not vacated. The dogs belong to him, so he has belongings in the property; he therefore failed to vacate when tenancy expired.

    You need to issue proceedings pdq- s.8 (for non-payment of rent after expiry) and/or s.21(4)(a)- but you mention "two months notice": if you did serve a s.21(1)(b) Notice, simply start proceedings without further notice.
    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.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Rotweiller Dogs

      What about not having access to my property?

      PS: Thank you for taking the time to reply

      Comment


      • #4
        Now I suppose if the dogs were to some how get into the garden the property would now be empty and if there was nothing in there cos all the furniture & belongings has allready been taken out. Some people might argue that the tenant has vacated and the dogs strays.

        mmmmmmmmmmmmmmmmm

        Comment


        • #5
          Originally posted by Gailforce View Post
          What about not having access to my property?
          Yes, but that's always true during any tenancy. His is still running, as he's still in possession.
          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.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Originally posted by johnboy View Post
            Now I suppose if the dogs were to some how get into the garden the property would now be empty and if there was nothing in there cos all the furniture & belongings has allready been taken out. Some people might argue that the tenant has vacated and the dogs strays.

            mmmmmmmmmmmmmmmmm
            A LL could still not enter the property in this situation, as the tenant has not given up the property and the LL doesn't have a court order.

            Be careful in this situation, the tenant could be trying to 'bait' the LL.

            Comment


            • #7
              Rotweiller

              It seems then that tenant wins - he obviously living somewhere else and using dogs to prevent me gaining access. What would the best outcome be in Court for this - by the time I get a possession order, baliffs etc, to remove two dogs it will have run into thousands of pounds. This hardly seems fair

              Comment


              • #8
                Originally posted by Gailforce View Post
                It seems then that tenant wins - he obviously living somewhere else and using dogs to prevent me gaining access. What would the best outcome be in Court for this - by the time I get a possession order, baliffs etc, to remove two dogs it will have run into thousands of pounds. This hardly seems fair
                Correct. It is not fair.

                However, you must first obtain a possession order, then if needed get the baliffs in.
                It will cost, you will lose the potential rent in the meantime, but other than that you can not do anything else within the law.

                At the end of the eviction process, you can sue your Ex-tenant for the costs.

                Comment


                • #9
                  It would be a shame if a local youth broke a window so that the dogs escaped.

                  Does he take the dogs for a walk? At which point perhaps you have vacant possession?
                  The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

                  Comment


                  • #10
                    Originally posted by Grange View Post
                    Does he take the dogs for a walk? At which point perhaps you have vacant possession?
                    NO you do not.

                    You have a tenant who has taken his dogs for a walk, this is NOT vacant possession.

                    Comment


                    • #11
                      If its not vacant possession, is the tenant still liable for the rent?

                      Comment


                      • #12
                        Originally posted by Granola View Post
                        If its not vacant possession, is the tenant still liable for the rent?
                        Yes. Either the tenancy is still running or it's not.
                        If T still occupies, tenancy running means liability for rent running too.
                        If T vacates, at end of term or in compliance with Court Order, tenancy ending means liability for rent ending too.
                        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.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                        • #13
                          Then there are 2 scenarios:
                          T has not vacated and a rent demand is required, or;
                          T has vacated and he has left behind property.

                          If the latter, then the house locks can be changed (surely the dogs aren't in the house?). The former tenant can be informed to collect the property (dogs) by such and such a date or they will be disposed of. Contact local council about abandoned animals since the RSPCA are being picky.

                          Comment


                          • #14
                            Originally posted by Colincbayley View Post
                            NO you do not.

                            You have a tenant who has taken his dogs for a walk, this is NOT vacant possession.
                            Quite difficult to tell. Rent not being paid; none of T's belongings in property. Shame T failed to return keys, but you'd be changing the locks anyway.
                            The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

                            Comment


                            • #15
                              Originally posted by Grange View Post
                              Quite difficult to tell. Rent not being paid; none of T's belongings in property. Shame T failed to return keys, but you'd be changing the locks anyway.
                              Agreed, it is quite difficult to tell, which is why the only way a LL could lawfully obtain his/her property back in this situation is with a possession order issued by the courts.

                              Comment

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