Horse in tenant's garden

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

    Horse in tenant's garden

    This is a strange query but I wonder if anyone can help.

    One of my properties has quite a large garden, and my tenancy agreement has wording to say that the tenant can keep a pet as long as the pet/s do not cause a nuisance to neighbours or passers by, or there are an excessive number. I haven't been any more specific than this.

    A new tenant moved in a couple of months ago, and I went to the property the other day, to find a horse in the garden! Now the horse isn't technically causing a nuisance - no complaints from neighbours - but I am worried as to the potential risks or consequences of having such an animal within my property.

    I told the tenant that I meant domestic pets and not a horse, which I see as livestock, and that the horse will have to go. My tenant is adamant that the horse is not livestock, that as far as she is concerned, it is a pet. Furthermore she told me that because my tenancy agreement is not more specific she has no intentions of rehoming the animal.

    Can anyone suggest what to do in this case/who is right?

    #2
    Originally posted by Kittaycat View Post

    Can anyone suggest what to do in this case/who is right?
    If you want the horse to go, then evict the tenant. It's unlikely she'll leave it behind.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thanks but she started a year's AST only in July. apart from that she's fine, she pays the rent (so far) on time and keeps the property in good order. I just wondered whether I could insist saying that the horse was technically livestock and not a pet.

      Comment


        #4
        I am not up on the rules/laws with regards to pets/livestock, but what difference does it make if it is livetock?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Livestock is termed as animals which make their owners a profit. So unless she is using the horse as stud or breeding then its a pet.

          Sorry but your tenancy is not specific enough to restrict a pet from a mouse to a kangaroo.

          As Snornez says if she goes the horse will follow.

          Comment


            #6
            How big is the garden? Is the horse in good condition? Does the inventory specify the condition of the garden, are there any garden maintenance terms and does she intend to keep the horse in the garden, without stable, for the whole winter?

            Comment


              #7
              Originally posted by Springfields View Post
              Livestock is termed as animals which make their owners a profit. So unless she is using the horse as stud or breeding then its a pet.

              Sorry but your tenancy is not specific enough to restrict a pet from a mouse to a kangaroo.

              As Snornez says if she goes the horse will follow.
              I agree. 'Pet' can include 'horse', although 'the usual domestic pets' [the phrase commonly used] can't.
              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


                #8
                I told the tenant that I meant domestic pets and not a horse
                Classic!

                A good reason for ensuring tight wording of agreements if ever there was one. You'd better hope she doesn't decide she wants to stable it in the dining room....

                My contract (courtesy of the RLA) now states "No animals are allowed in the property without our permission, in writing (which we will not unreasonably withhold). We can withdraw this permission if we have a good reason." Interestingly they've only just added the second statement.

                Regarding your situation: have you tried asking the neighbours what they think? They might be the sort that wouldn't like to make waves and complain, but if you proactively ask them you might find they say "Well actually..."

                On the other hand what's your specific concern? If the beast causes damage then the tenant will be liable, and the deposit should cover it?

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  I agree. 'Pet' can include 'horse', although 'the usual domestic pets' [the phrase commonly used] can't.
                  yes sadly for op I think she stipulated domestic after Mr Ed moved in.

                  Comment


                    #10
                    Originally posted by Springfields View Post
                    As Snornez says if she goes the horse will follow.
                    It wasn't me!

                    However, I'd suggest OP lets it drop. If there is damage at the end of the tenancy, then fine - it's the tenants responsibility to put that right or pay. You do have a robust inventory that includes the garden don't you?

                    Comment


                      #11
                      Originally posted by Snorkerz View Post
                      It wasn't me!
                      I saw a S and went with you it was in fact 'thesaint'. )Not the worse case senerio for saying the wrong name )

                      many appologies

                      Comment


                        #12
                        Thanks for your suggestions, yes, I suppose my tenancy agreements need to be more specific (I can imagine something the size of a telephone directory the next time).

                        I do have an inventory which includes the garden ie it specifies in the agreement to keep the garden clean and free from waste - now whether that can be interpreted as meaning the 'natural' waste from the horse, I'm not sure ... if I bring it up perhaps she'll say it's free manure for the rosebed?!!!!

                        But seriously I will certainly stipulate the garden condition as one area of concern, plus, Soot2006 I think the issue of winter is something - when it gets cold, there certainly is nowhere for the horse to go (in the garden that is!) - and the tenant would, I imagine, have obligations under the Animal Welfare Act to ensure the horse is properly looked after then (and should deter her from any ideas of stabling the horse in the house, I hope).

                        Comment


                          #13
                          The horse will "poach" the grass if left on all winter - you won't have any lawn left! Most horses can live outside all winter with a rug on, believe it or not. Your suggestion above re this tack is therefore unworkable (tack ha ha - no pun intended). I think your main thrust would have to be the condition of the grass.
                          Unshackled by the chains of idle vanity, A modest manatee, that's me

                          Comment


                            #14
                            Thanks. I will certainly 'tack' towards using the condition of the garden as my approach to encourage the horse to be removed. Will also ask the neighbours.

                            Comment


                              #15
                              Always try to look on the positive side, think of the free fertilizer.
                              I offer no guarantee that anything I say is correct. wysiwyg

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X