Being evicted for having pets

[cakeyG]

Hi,

I have rented my property for the last 18 months.

Although there is a no pet rule I didn't think it would be a problem because a lot of residents in the flats have them (including 2 directors of the management company.)

Said company have just posted a notice on the board outside saying any person renting have to get rid of any pets by 31st December 2012 of face eviction.

Anyone who owns their flat can keep their pets.

My landlord is fine with the one cat that I own.

As I have mentioned 2 members of the board have dogs. My neighbour (who also rents) has just been served a notice to quit because she has a dog. She is in her 70s and registered disabled. Can they do this?

I don't understand how they can distinguish between renters and owners in this respect? Can anyone help please?

Cakey

[honeybee13]

Hello and welcome to CAG.

 

I'm moving your thread to the lettings forum here and will leave a redirect from this forum for you. I think the guys who advise on lettings will be able to help you.

 

My best, HB

[45002]

It depends on what it says about pets in there tenancy agreement

 

How long has the 70 year old lady lived there,does it say No pets in the tenancy agreement ?

[cakeyG]

It does say no pets but I just figured as most folk here have them it was just a standard clause. The elderly lady has been here about 2 years I think.

P.s thank you for replying

[45002]

It does say no pets but I just figured as most folk here have them it was just a standard clause. The elderly lady has been here about 2 years I think.

P.s thank you for replying

 

Problem is if the tenants are on standard AST,subject to all the correct dates,deposit protection and so on,the LL can issue a s21 notice no faults eviction in the end....

 

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

 

I dont know much about AST anyway,fellow CAG will be able to advise you better !

[mariner51]

Board Director Owner prob freeholders, not subject to Head Lease, unlike Leaseholder owners and Ts. You need a Solic to check Head Lease for No Pets covenant.

[andydd]

Board Director Owner prob freeholders, not subject to Head Lease, unlike Leaseholder owners and Ts. You need a Solic to check Head Lease for No Pets covenant.

 

Im more of a leasehold expert but it appears to me you may be able to argue some sort of estoppel if legal action were taken. the actaul lease may have a no pets clause which would apply to your landlord (the leaseholder owner of the flat) has to comply with and in turn you have to comply with the terms of his ast terms. you mention management company, is that the one employed by the main freeholder ?

[EveOwes]

I love the UK! A terrorist can shout 'Human Rights' to avoid getting evicted (from the country), but a little old lady can't have a pet. I would have thought it was every pensioners human right to keep a pet - I am disgusted at the behaviour of this landlord. When you're 70 years old, sometimes the only company you ever get is that of your cat/dog. It makes me want to cry when I read things like this.

 

Sorry, I know this is of no help to your enquiry, but felt I had to say it.