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Can we get evicted or a bad reference?

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Hi all,

today I called our agent because of possibly necessary repairs. He decided to come over right away. He saw that we had a pet which weren't allowed, as he pointed out (even though when we first showed interest in the place we were told it wasnt a problem) and also that we smoked occasionally.

Now I'm wondering: can he kick us out for this? Can he keep our deposit? Will he give us a bad reference meaning we can't rent a place in the future? Or is such a thing irrelevant as long as we pay the rent in time and leave the place in a clean state at the end of tenancy?

 

Thanks for your help!

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What does your tenancy agreement say regarding pets? That's the key here. And smoking in the property.

 

What sort of pet is it?

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Its a cat and we aren't supposed to have it. Same with smoking.

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Well I was a heavy smoker, most properties these days are 'no smoking', previously I've ignored it but upon moving in to this property I have self imposed my own smoking ban in the house, the nearest I get to smoking in the house is when standing by an open patio door if the weather is inclement.

 

 

Result: I have reduced the number of cigarettes I smoke by circa 66% and I'd recommend doing the same to all smokers :)

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Well, really, you are in breach of your tenancy agreement. Personally, I'd tell you that I dont want to know anything about the cat, I never want to hear of it or see it and you'd better make sure its treated for fleas! However, if my line manager found out, he'd have you or the cat out and wouldn't care which!

 

Probably going to get shot down in flames for telling you this, can't help it, animal lover. never let the agent in again without a booked appt. That gives you time to put cat in basket and in car for duration of visit. Or somewhere. Keep all hair of furniture, don't leave pet food cans in sight, and remove pet feeding bowls, litter trays anything that gives the game away. Have a pot of coffee going to hide the smell, (everyone who keeps pets will have an animal smell in their home and non-pet owners will smell it - I'm not insulting you but animals smell differently to humans!) If your cat scratches the wallpaper or anything else, then repair it immediately.

Make sure it is front lined so there will be no fleas when you check out. This is nothing more than what my tenants do to me, but I pretend I don't know, when in fact I know what they are thinking before they even know themselves!. Generally I find the pets less of a problem than the tenants and its always a good bargaining point to get the tenants to behave!

 

Failing that, if they insist the cat must go, then I'm afraid go it must. I have to say this to you as an animal lover, if you know you can't have the cat why put yourselves through the upset of having to get rid of it by having it in the first place?

 

Smoking? Hmmm - I have no right to tell my tenants not to smoke in their homes, but they are HA tenants. In your case, a private let, the landlord can specify no smoking. So, smoke outside. And the agent has the right to insist that you do not smoke in his presence because it becomes his workplace. Again, not knocking you I chuff away like a goodun, but lets be honest, smokers and their homes smell, and the paintwork gets yellow. So, outside with the fags, that'll save you redecorating at tenancy end!

 

Fingers crossed, heads down, never mention the cat!

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No one can evict without a court order. Assuming there were no other grounds, the landlord could only get possession under Ground 12 (breach of an agreement other than relating to payment of rent) and that ground is in the discretion of the court. So, first the landlord needs to take you to court and then the court needs to be persuaded that the breach of agreement is sufficiently serious for you to be evicted. The outcome may depend on whether or not the judge is a cat-loving pipe-smoker...Apart from that, the landlord can only claim damages if he suffers a loss.

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Yes, but Aequitas - with an AST, I assume it is, then the landlord doesn;t need a reason. Section 21 at the appropriate time will do the job for him.

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I am a landlord and my ASTs state "no pets" - the sole reason being that animals, particularly cats and dogs, have fleas (all of them...) and are likely to damage the property. It is not that I don't like animals, I just went to ensure that the property stays in a reasonable state for any future tenant.

 

My AST also states "no smoking" but I am fully aware that, in reality, this is unenforceable. However, I can tell a mile off whether a prospective tenant smokes or not and they won't get the property!! Smoking yellows the paintwork, smells disgusting and makes curtains and carpets smell. This is difficult to get rid of.

 

However, having said all the above, if a tenant has a pet, or smokes, they will end up losing a chunk of their deposit to cover the cost of reparations and professional cleaning - and since both are breaches of the AST, I don't think I would have a problem in an arbitration.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Hi all,

today I called our agent because of possibly necessary repairs. He decided to come over right away. He saw that we had a pet which weren't allowed, as he pointed out (even though when we first showed interest in the place we were told it wasnt a problem) and also that we smoked occasionally.

Now I'm wondering: can he kick us out for this? Can he keep our deposit? Will he give us a bad reference meaning we can't rent a place in the future? Or is such a thing irrelevant as long as we pay the rent in time and leave the place in a clean state at the end of tenancy?

 

Thanks for your help!

 

Actually - having read your post, I would not evict you for these (might if you got a dog though), provided you kept the place clean and paid the rent etc. but I would expect the property to be properly cleaned at the end of the tenancy. I don't think you should worry too much, especially since you were told that having a cat would be no problem.

 

And as usual jackieandwayne's advice is spot on!!


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Kentish,

 

I am a smoker but I can honestly say that, commencing with this tenancy, I have self imposed my own smoking ban in house(s) thus it would be somewhat harsh of you to refuse a tenant just because they may be a smoker, perhaps as part of the referencing you could ask a previous landlord if they smoked in that house!

 

Quite recently I have taken great joy in washing all the nicotine out of my curtains, of cleaning/polishing the nicotine from my furniture, I've even put my lampshades thru my dishwasher, I am proud to have stopped smoking indoors and I wouldn't like to be refused a future tenancy simply because I am an 'outdoors' smoker.

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Kentish,

 

I am a smoker but I can honestly say that, commencing with this tenancy, I have self imposed my own smoking ban in house(s) thus it would be somewhat harsh of you to refuse a tenant just because they may be a smoker, perhaps as part of the referencing you could ask a previous landlord if they smoked in that house!

 

Quite recently I have taken great joy in washing all the nicotine out of my curtains, of cleaning/polishing the nicotine from my furniture, I've even put my lampshades thru my dishwasher, I am proud to have stopped smoking indoors and I wouldn't like to be refused a future tenancy simply because I am an 'outdoors' smoker.

 

I am really pleased for you that you have made such strides in stopping smoking, and am sorry if my post upset you - but it is my property and I should be able to choose to whom it is let.

 

Oh - what's happened to my signature???

 

That said, to be honest, I never actually meet the tenants:wink: - I have a really good agent (I know - bloody gold dust) who does everything and whose judgment I trust. I don't think he would deny you a tenancy....


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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