cat in property - what can I do?

[blue_eyes777]

Hi!

I a an overseas landlord - I cameback to my prperty a few days ago to check on it.

I discoverered that the tenants had a cat living wit them which is not allowed according to the contract.
My insurance does not cover damage by pets either.

I explainedthis to the tenants but they didnot seem tocare much, suggesting that if the cat goes then so would they.

What can I do?

[Conniff]

How much damage can a cat do? Not a lot. You could always remove that condition from the tenancy agreement and let them get on with their lives.

[shywazz]

How often do you visit this property? if you live abroad and check only now and then, just pretend you didnt see the cat, hence go home knowing your property is fine and the rent is being paid on time....
The tenant didnt hide the fact there had the cat, hence wernt trying to hide it from you, i would presume you notified them of your intended visit, so if there wanted to there could have hid the cat and you wouldnt have known any wiser... be thankful you have a good tenant the cat would be last of your worries if the tenant was bad.... Also did you ask the tenant if there insurance covered any damaged caused by the cat..... or do you just not like cats.. or have you a hidden agender...

[demon_x_slash]

The clause that blanket forbids pets is considered by most on this forum, including myself, as an unfair contract term, as it interferes somewhat with the tenant's right to quiet enjoyment of the property. If the animal causes any damage apparent at the end of the tenancy, then deduct the relevant amount from their deposit (because, er, that's what it's there for) - if any major damage occurs (which is very unlikely; we're talking about a cat here, not a chew-mad puppy) then the tenants' insurance should cover it. I really don't see it being a problem.

If they wish to leave the property because of this situation, however, then they must abide by the proper notice periods and break clauses, as must you. You need to ask yourself if you wish to lose a tenant (who presumably is fine in all other respects and pays their rent on time) over such a small point.

[pebs]

If they are good clean tenants and pay on time I would allow them to keep it there.
I have a cat and she does not cause any damage to my home, she basically curls up in a ball and sleeps all day...... what harm can that do!

[blue_eyes777]

How much damage...well for starters, the cat has already deep scratches in the woodwork of the conservatory tying to get in, tears in the sofas that I agreed to keep in the place for the tenants. You may say that I shouldnt have left the sofas but they promised to take amazing care of them.
Also, my insurance doesnt cover the damage and the tenants lied about the cat actually. I only found out because they had shut it out prior to my visit.

[pebs]

Oh well then I guess you have already made your mind up about it then and us cat lovers wont be able to persuade you to let them keep it!

[Sarah_Pussycat]

All you can really do is tell them they can't keep the cat, and start looking for new cat-less tenants - then deduct any damage caused by the cat from their deposit.

I can give you a similar story from a tenant's point of view!

When I moved into my last rented property, I had a secret cat. I didn't mention her as the flat had a "no pets" policy, and I really wanted the flat as it was in an ideal location for me. It worked fine for 3 years - I even acquired another cat, and always managed to hide them during inspections!

One day while I was at work the landlord sent an electrician round without giving me prior notice - he saw the cats and told the estate agents.

As soon as I found out they knew, I started looking for alternative accomodation - as like any cat lover my cats don't go anywhere without me!

It turned out fine in the end - they let me keep the cats, so long as I arranged for the carpets to be cleaned once I moved out, and make good any damage (as stated in my original contract anyway). When I eventually moved out a year later, I arranged for them to deduct the carpet cleaning from my deposit - and the only damage I had to pay for was caused more by my ex-boyfriend than the cats!

So the easiest thing for you to do is just let the cat stay (some landlords charge an extra "pet deposit" to cover any damage caused by tenants' pets - could this be an option?)

[demon_x_slash]

Originally Posted by blue_eyes777

How much damage...well for starters, the cat has already deep scratches in the woodwork of the conservatory tying to get in, tears in the sofas that I agreed to keep in the place for the tenants. You may say that I shouldnt have left the sofas but they promised to take amazing care of them.
Also, my insurance doesnt cover the damage and the tenants lied about the cat actually. I only found out because they had shut it out prior to my visit.

It doesn't matter whether the tenants 'lied about the cat' or not, or whether your insurance covers it - any damage comes out of their deposit at the end of the tenancy. That's what the deposit is for.

[Aequitas]

I have to query the idea that a prohibition on keeping pets would be an unfair term. Whilst acknowledging that the list of terms that may be regarded as unfair as set out in Schedule 2 to the Regulations is "indicative and non-exhaustive", I cannot see which of them would apply.

A breach of a covenant for quiet enjoyment cannot arise simply by reason of a provision in a tenancy agreement. A breach requires some act (and some would argue omission) on the part of the landlord that disturbs the tenant's enjoyment of the premises.

[londonblue]

When we started renting our current property, we asked permission to keep a pet, and were granted it, on the proviso that we commercially clean the property upon leaving, and no doubt pay for any damage to the property itself (it was unfurnished so most damage would have been to our own goods)

An agitated cat (particularly if it's an indoor one) can do a number of things, actually. Male cats may spray urine, both sexes may defecate if they are ill and can't get outside or use their tray. Hence the clause on professional cleaning/fumigation at end of term.

Having said that, there's no reason why you as the landlord can't either turn a blind eye, change the clause, or evict them. You've a right to do any of those - it's your property.

Eviction would seem a bit harsh if there's no evidence of the cat causing a problem, but that's up to you, as it does break a clause in the initial contract, and it's not unreasonable for a landlord not to want animals in their property.

[21stcentury]

I would write to the tenants stating that they have breached the terms of the conditions but you are willing to overlook it if they give you a personal guarantee to bring the property back to the original condition and will put that in w riting.

[Monty2007]

Hi Landlord

What is your view/position with respect to rabbits?

PS; House-trained ones? give it to me straight, I won't bite!

[21stcentury]

The answer would by the same if you agree to carry out all repairs for damage caused - possibly offer the landlord a bigger deposit as a gesture of goodwill.

The second option always does it for me as they are willing to put their money where their mouth is.

[Monty2007]

How much extra deposit are we talking about (for a rabbit)? I would hope this would be lower than for a cat (or dog).

[21stcentury]

I normally accept double deposit, but this is a deposit and will be returned when you hand the property back in good condition. I would also put a clause in the agreement that upon inspection if we find any damage then i can immediatey revoke permission without any notice. I would carry out inspection on month 1 month 4 and then if all is fine i would let you live in peace and offer you a new tenancy at the end of the agreement or serve you with notice to quit at end of 4th month.

[Monty2007]

Originally Posted by 21stcentury

I normally accept double deposit, .

What! For a rabbit.......this is a bit steep, it should be less than a cat or dog. Rabbits are only partial to the odd nibble but cats scratch and get up to all sorts. As for dogs, we won't go there...........

I am in shock.

[21stcentury]

The answer to your question is very rarely when you have a bad tenant does the deposit cover all the damage and we often end up out of pocket. It the rabbit chews a suite, then there is a few hundred pounds alone, if it chews electrrical cables again more money. So it is just a goodwill gesture from the prospective tenant. If you have an animal expect to pay more, the facts are unfortunate but if you have to replace carpets due to rabbits eating things then there is more money again.

I have to state that some properties that i have i dont even take an extra deposit so it all depends on a number of things.

For the shock its best to take a double whisky, it works wonders for me.