Notice Required for Inspection

[tribem]

Hi all, i am new to this venture of letting property and had my first tenant move in last week.

I stated on letting terms with agent that NO PETS were allowed, as we had put all new carpets and flooring throughout the house which had been fully refurbished and this is the first letting of the property, which we wish to sell after 6-9 months anyway, to avoid too much CGT, as we got it cheap.

This was also stated by agent on agreement with tenant.

I happened to knock on the door of the property to check for some post, admittedley i did not pre arrange to do so with tenant, which i now realise i should have done.

But to my surprise a cat shot out the front door!!

I have told them the cat must go by the weekend , and they claimed it was not stopping anyway, however it appears that this lady does not always tell the truth i have found out already, but that's another story for later.

I intend to write to them telling them i will inspect the property straight after weekend, does the tenant have a right to be there at the inspection or can i just let myself in?

[Melboy]

Tenant has to be present for any entry into the property unless it is for emergency repairs.

Cat has to go if you have a specific clause stating no pets.

Alternatives are that She pays a higher cleaning bill at the end of the Tenancy but this very often gets overlooked.

[tribem]

thanks, i thought that was the case

if the cat has to stay, even though she says it is not hers i will be asking for extra 1-2 months deposit, or serve notice for breach of contract.

[guildofresidentiallandlords]

If you serve notice for breach of tenancy, you should use a "notice seeking possession". This is assuming your tenancy agreement allows you to serve such a notice during the fixed term.

The ground you need is "12"

The only problem with this ground is that the court does not have to give possession as it is a discretionary ground. [s7 & 8 HA 1988].

If you get hold of the court case [sheffield City Council v Jepson CA (Civil Division) (1993) 25 H.L.R. 299]. This was a case concerning a dog and it was stated that if you establish there is a dog and that there should not be and the tenant is not willing to remove the pet, then you will have proved that it is reasonable to be granted a possession order even during the fixed term.

I assume the case will apply for a cat!

Hope this helps

Adrian Thompson

Guild of Residential Landlords

[guildofresidentiallandlords]

Forgot to say, you should also serve a "section 21" 2 months notice on the tenant right away. Not just because of the pets thing but also if you are planning to sell, it will save you a lot of time and effort, as the notice is much easier to serve during the fixed term than it is after the fixed term.

Adrian Thompson

Guild of Residential Landlords