Potential tenant problems - ideas...?
Discussion
SWMBO and I have a house we rent out in the UK - A problem has arisen with the current tenants though. According to neighbours they have a dog that is locked in the house for anything up to 11 hours a day both during the week while they are at work and the weekend when out. They have also failed to look after the garden with the lawn now completely destroyed (read: dead) by dog piss and poop. Clearly it's not acceptable to lock the dog in nor is it acceptable to allow the garden to fall into disrepair (there is a specific clause in the contract that the garden must be maintained by the tenant or a third party at the tenant's expense).
The house is a lovely little Grade II listed cottage in a semi-rural part of Yorkshire. The property is managed by the neighbours who do a good job of keeping tabs on it for us in exchange for a couple of cases of wine a year. It's a small group of houses where eveyone knows each other and I don't want this to become an issue.
Before anyone suggests I fly over there and repeatedly kick the tenant in the face whilst simultaneously botting his girlfriend, I'd ideally like to solve this amicably rather than having them ditch the place and leave us footing the bill for fixing it up. Even if we withold the bond they will leave without paying the last months rent, so we're shafted either way.
Suggestions requested on apotential approach to sorting this in a diplomatic way...
The house is a lovely little Grade II listed cottage in a semi-rural part of Yorkshire. The property is managed by the neighbours who do a good job of keeping tabs on it for us in exchange for a couple of cases of wine a year. It's a small group of houses where eveyone knows each other and I don't want this to become an issue.
Before anyone suggests I fly over there and repeatedly kick the tenant in the face whilst simultaneously botting his girlfriend, I'd ideally like to solve this amicably rather than having them ditch the place and leave us footing the bill for fixing it up. Even if we withold the bond they will leave without paying the last months rent, so we're shafted either way.
Suggestions requested on apotential approach to sorting this in a diplomatic way...
Talk to them? Explain the problem and where its breaching the tenancy agreement. See what they say. Keep your cards close to your chest, make no threats or insinuations and give them the opportunity to see the error of their ways.
If they don't then at least this way they won't see it coming when you shaft them in whatever variety of ways the remainder of the PH populance will soon suggest.
If they don't then at least this way they won't see it coming when you shaft them in whatever variety of ways the remainder of the PH populance will soon suggest.
Talking to them won't work. It's not as though they're going to rehome the dog, is it?
I'd give them notice to quit (two months) but soften the impact of this - and hence the wreck-the-house factor - by explaining that some obscure relative has become homeless and really needs somewhere to live.
Ensure the next lot of tenants don't have pets.
I'd give them notice to quit (two months) but soften the impact of this - and hence the wreck-the-house factor - by explaining that some obscure relative has become homeless and really needs somewhere to live.
Ensure the next lot of tenants don't have pets.
Mobile Chicane said:
Talking to them won't work. It's not as though they're going to rehome the dog, is it?
I'd give them notice to quit (two months) but soften the impact of this - and hence the wreck-the-house factor - by explaining that some obscure relative has become homeless and really needs somewhere to live.
Ensure the next lot of tenants don't have pets.
Some good points. Time to write a letter I think...I'd give them notice to quit (two months) but soften the impact of this - and hence the wreck-the-house factor - by explaining that some obscure relative has become homeless and really needs somewhere to live.
Ensure the next lot of tenants don't have pets.
Not sure what the dog has to do with the tenancy agreement unless there's a clause stating no pets.
If they are in breach of the lease then it's easy. You can out 'em or you can give them notice to repair the damaged lawn and failure to do so will result in eviction.
Oh and there's no reason why the above can't be dealt with amicably.
If they are in breach of the lease then it's easy. You can out 'em or you can give them notice to repair the damaged lawn and failure to do so will result in eviction.
Oh and there's no reason why the above can't be dealt with amicably.
mk1fan said:
Not sure what the dog has to do with the tenancy agreement unless there's a clause stating no pets.
If they are in breach of the lease then it's easy. You can out 'em or you can give them notice to repair the damaged lawn and failure to do so will result in eviction.
Oh and there's no reason why the above can't be dealt with amicably.
The fact that the lawn is ruined and the garden overgrown means they are in breach already, so technically I can give them the heave-ho, but would rather not. I have no problems with pets being there at all - we have 2 cats and 2 dogs, but the fact the poor dog is locked in and crying all day is a) unfair and b) annoying the crap out of the neighbours. I also wonder how much dog waste is in the carpets...If they are in breach of the lease then it's easy. You can out 'em or you can give them notice to repair the damaged lawn and failure to do so will result in eviction.
Oh and there's no reason why the above can't be dealt with amicably.
What I want to avoid is them getting the hump and doing the old foxtrot oscar and leaving us out of pocket for rectification. The place just about washes it's face with a smidge each month for contingency, but getting someone in to fix the garden up isn't gonna be cheap, I don't expect and we'll be on a financial loser again...
mk1fan said:
All I'm saying is that the housing arrangements of their dog is nothing to do with the tenancy. Seems a bit odd to raise it tied up in a breach of tenancy thread that's all.
Makes perfect sense, what I can't do is chuck them out for having a dog, but the fact that the lawn is no more and the remainder of the garden over grown does breach the tenancy agreement and thus if the worst comes to the worst I can ask them to leave. The fact is the primary problem is the dog and if we can resolve the issue, then great, but if not then breach of tenancy agreement can be used (unless the fix the garden in the meantime).The primary problem is the tenant not clearing up after the dog when it goes to the loo on the lawn (watering down the wee and picking up the poo would prevent the lawn being damaged). It is not and has nothing to do with the dog being locked inside all day which seems to be the focal point.
Again I see no reason why the situation can't be dealt with amicably. If you wish to keep the tenant then you need to be firm and honest with them.
The terms of the tenancy need to be adhered and if the tenant is not prepared to do so then you'll have to evict.
Again I see no reason why the situation can't be dealt with amicably. If you wish to keep the tenant then you need to be firm and honest with them.
The terms of the tenancy need to be adhered and if the tenant is not prepared to do so then you'll have to evict.
I'll try again, I must not be explaining clearly.
The primary problem is the fact the dog is locked in 11 hours day 6-7 days a week and making a racket. This is unfair to the dog and unfair to the neighbours.
A secondary issue is that the lawn is ruined (it's completely yellow) and the garden is overgrown as it hasn't been look after.
Clearly there is a need to sort both of the above, if we request the garden is sorted, and they do so, this does not stop the dog from being locked in and annoying the neighbours. If we request they sort the dog, well, I am not sure what they will do.
The breach of tenancy contract with regards the lawn is there as a backup if we don't get anywhere witrh the noisy locked in dog which is the primary concern. If they refuse / don't do anything about the locked in dog then we can fall back on the garden issue and horse them out for that, despite the fact that the primary reason is the locked up and barking dog.
The primary problem is the fact the dog is locked in 11 hours day 6-7 days a week and making a racket. This is unfair to the dog and unfair to the neighbours.
A secondary issue is that the lawn is ruined (it's completely yellow) and the garden is overgrown as it hasn't been look after.
Clearly there is a need to sort both of the above, if we request the garden is sorted, and they do so, this does not stop the dog from being locked in and annoying the neighbours. If we request they sort the dog, well, I am not sure what they will do.
The breach of tenancy contract with regards the lawn is there as a backup if we don't get anywhere witrh the noisy locked in dog which is the primary concern. If they refuse / don't do anything about the locked in dog then we can fall back on the garden issue and horse them out for that, despite the fact that the primary reason is the locked up and barking dog.
steve_amv8 said:
As was said earlier, call the RSPCA.
If the dog is, indeed, distressed then they'll deal with the problem.
If it isn't and the neighbours aren't being entirely honest (maybe they've disagreed with the tenant and want them out?) then you'll know.
Could be they way forward. Will see what they say when the neighbour has had a word. We know the neighbours really well as we lived there for ages and they are all very laid back bunch so it must be pretty bad for them to come to us.If the dog is, indeed, distressed then they'll deal with the problem.
If it isn't and the neighbours aren't being entirely honest (maybe they've disagreed with the tenant and want them out?) then you'll know.
If noise is the primary issue then I assume there is a clause in the lease refering to nuisance. In which case you need to include that with any notice you serve.
If the dog is in that much distress why have your neighbours not reported it? Why are they leaving it to you whilst you're in a different country? If it is that disturbing why have they not approached a, the tenants b, the RSPCA and c, Environmental Health.
I can appreciate that they may want to 'save face' in front of their current neighbours but, in reality, it's their issue and not yours (damage to the lawn aside) - unless there is a term in the lease not to use the property to cause undue suffering to a pet or animal.
As much as you may like the neighbours it isn't your problem. I'm not trolling, I'm trying to give an impartial view on the situation.
If the dog is in that much distress why have your neighbours not reported it? Why are they leaving it to you whilst you're in a different country? If it is that disturbing why have they not approached a, the tenants b, the RSPCA and c, Environmental Health.
I can appreciate that they may want to 'save face' in front of their current neighbours but, in reality, it's their issue and not yours (damage to the lawn aside) - unless there is a term in the lease not to use the property to cause undue suffering to a pet or animal.
As much as you may like the neighbours it isn't your problem. I'm not trolling, I'm trying to give an impartial view on the situation.
You may have the following clauses within your Tenancy Agreement with your tenant/s;
1) “Not to do, or permit any waste, damage or nuisance, or anything which may be an annoyance to the Landlord or to any occupiers of premises adjoining.”
2) “To keep the garden (if any) properly cultivated and mown and in a neat and tidy condition.”
3) “No pets are allowed under the Tenancy Agreement”
4) “To permit the Landlord, his servants or his agents to enter and inspect the premises from time to time and to carry out any necessary repairs or maintenance.”
Firstly, you need to agree with your tenant/s for either, you, your neighbours or a local agent/surveyors to inspect the premises. If they disagree with the same, then they are in breach of clause no. 4, if they agree with an inspection, and that inspection discloses breaches of either clause no/s 1, 2, 3 or even all of the clauses, then you can impose Notice upon the tenant/s as per clause no. 5 below.
5) “If the Tenant has broken any of the terms of this Agreement then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force.”
To pre-empt the inspection, you may well consider arranging an anonymous phone call/s to either or both the RSPCS and/or the local council’s Environmental Health Department. Perhaps suggesting later to your tenant/s, in a veil way that the matter had been brought to your attention by the authorities, thereby reducing the tenant/s thoughts that either you or their neighbours had contacted the authorities.
As a landlord myself, I always find the softly, softly approach at first, can very often get a result, then if that does not work, it is either a 2 months Notice under a section 8 or 21 of the Housing Act 1989.
1) “Not to do, or permit any waste, damage or nuisance, or anything which may be an annoyance to the Landlord or to any occupiers of premises adjoining.”
2) “To keep the garden (if any) properly cultivated and mown and in a neat and tidy condition.”
3) “No pets are allowed under the Tenancy Agreement”
4) “To permit the Landlord, his servants or his agents to enter and inspect the premises from time to time and to carry out any necessary repairs or maintenance.”
Firstly, you need to agree with your tenant/s for either, you, your neighbours or a local agent/surveyors to inspect the premises. If they disagree with the same, then they are in breach of clause no. 4, if they agree with an inspection, and that inspection discloses breaches of either clause no/s 1, 2, 3 or even all of the clauses, then you can impose Notice upon the tenant/s as per clause no. 5 below.
5) “If the Tenant has broken any of the terms of this Agreement then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force.”
To pre-empt the inspection, you may well consider arranging an anonymous phone call/s to either or both the RSPCS and/or the local council’s Environmental Health Department. Perhaps suggesting later to your tenant/s, in a veil way that the matter had been brought to your attention by the authorities, thereby reducing the tenant/s thoughts that either you or their neighbours had contacted the authorities.
As a landlord myself, I always find the softly, softly approach at first, can very often get a result, then if that does not work, it is either a 2 months Notice under a section 8 or 21 of the Housing Act 1989.
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