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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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i have recently moved to a rented property without pets. my

Resolved Question:

i have recently moved to a rented property without pets. my father sadly passed away suddenly a week ago and i have had to take his dog. for obvious reasons i want to keep her. my tenancy agreement states no pets. i have her at the property now but haven't told the landlord yet - what are my rights? and what should i do? we do have a garden and she wont be here during the day as i will have her at dog day care, thanks.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

This depends on the tenancy agreement.

tdlawyer :

Sometimes, they say that consent will not be unreasonably withheld when you request permission to have a pet. However, more often, there is a blanket provision that says not entitlement to pets whatsoever.

Customer:

the tenancy agreement is assured shorthold and states no pets

tdlawyer :

In the latter case, all you can do is ask the landlord and hope he/she consents. If not, then if you didn't remove the dog, you would be in breach and the landlord would be entitled to seek repossession. However, you might wonder about just saying nothing, and seeing what happens.

tdlawyer :

All that can happen is the landlord finds out, and he gives you notice to remove the pet, and if you don't, then you have the potential for repossession proceedings.

tdlawyer :

Realistically, this is not likely just to end up in court.

tdlawyer :

But if you have an AST (assured short hold tenancy) then the landlord doesn't need a reason at all to ask you to leave at the end of the initial fixed term (or any renewal of it), and you could just be forced out at that time if you upset him.

Customer:

do you think i should be honest about it now or better not to just say anything?

tdlawyer :

Personally, I'd probably say nothing and see what happened ... but technically, that's not the "right" thing to do.

Customer:

if they did undertake repossession how long would it take to evict me?

tdlawyer :

Possession and eviction, probably around 3 months or so if at the end of an AST.

Customer:

i presume it would be up to the landlord whether or not they took the circumstances in to account i.e. how the situation came about?

tdlawyer :

Yes, it would be, it's likely to be down to his absolute discretion.

Customer:

so there is nothing 'in law' to say i cant keep a dog in a rented property? i rent a house out in another area of the country and let my tenant have a dog. i guess i would just have to hope then he took the circumstances into account. she's now the only thing i have connected with my dad and would be devastated to give her up

tdlawyer :

no, there is no overriding law, it's all down to the contract you agree with the landlord you started with.

tdlawyer :

It would be horrible to think he would have an issue with this in the circumstances, but you never know, and so maybe the best thing is to keep quiet, but you'll have to decide how you think best to play it, knowing the personalities involved etc.

Customer:

thanks, XXXXX XXXXX i will just keep quiet, got enough to deal with at the moment. and if he finds out explain the circumstances. he lives in australia and so managed through an agent. if/when they do find out i am happy to offer to pay a larger security deposit and add a variation/clause to the contract that i would pay for any damage caused by her if there were any - do you think this would help if they were really difficult about it? she no no trouble at all so hoping if this is proved over time, she's very quiet.

tdlawyer :

Yes, I do think that kind of offer/promise would likely help.

Customer:

also we have moved in and it is clear there is a damp problem - its been newly painted but mildew is already starting to come through the walls which i have to keep wiping off with bleach. there was also a large 'damp extractor' unit in our bedroom which wasn't there when we came to look around and water tray was completely full. the agent clearly must have known there was a damp problem prior but didn't inform us - does this mean they are also in breach of contract? do you think this issue will give me a bit more bargaining power if they get really difficult about the dog?

tdlawyer :

Yes, I do think this gives you some leverage if there is a problem with the dog.

Customer:

clothes/bedding sometimes feels damp as well if extractor has not been on or windows are not open all the downstairs windows are covered in condensation

Customer:

thanks - would it be environmental health i would need to 'threaten' to call if things get to this point and i have to use this?

tdlawyer :

It would be environmental health, yes, as they have enforcement powers on this type of issue.

tdlawyer :

Basically, you're saying it's not fit for human habitation.

tdlawyer :

That's a criminal offence - for a landlord to let a property in that state.

Customer:

thats helpful to know - thankyou. just one other thing sorry, in my previous rented property we had the dog there for over 2 months when my dad had a previous heart attack as he could not look after her when ill - the landlord was fine and she caused no damage - we left there on good terms so would it help if i got him to write a statement saying she was no problem when there, no damage and there were no complaints from neighbours?

tdlawyer :

Yes, it might do - but perhaps wait and see what happens first with the existing landlord and if he finds out.

Customer:

yes will wait to see if he finds out - thanks

tdlawyer :

Thank you. Are you happy with the service today?

tdlawyer :

Is there anything else I can answer?

Customer:

yes, great - thanks

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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