# Tenant Rights regarding pets



## ManicPancake (7 Aug 2011)

My landlord has decided that, as I have a dog, he wants me out. It's not written anywhere that pets are not allowed. I don't have a Rent Book or a proper lease. I also haven't been given a Notice of Termination. He wants me out immediately.

Through researching this, I've found that he needs to give me 28 days notice but I can't find any guidelines regarding pets specifically. I would like to find out if "having a pet" is a legal reason to evict someone. Not that I want to stay - I will leave the second I find somewhere else, but I definitely need more leeway than "Get out now." Even if I were engaging in violence, threats or intimidation he would have to give me 7 days notice.

He's coming around tomorrow to "inspect the property and return the deposit" and I have loads of print-outs from various websites including Threshold and the PRTB that say he has to give me 28 days notice. Is there anything else I can do?


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## Harry31 (7 Aug 2011)

Get rid of the dog? Did the landlord know you had one when you moved in?


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## browtal (7 Aug 2011)

If the lease makes no mention of a pet it seems to me that you have not broken any
agreement.
You are entitled to 28 days notice. Browtal


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## ManicPancake (7 Aug 2011)

Harry31 said:


> Get rid of the dog?



Of course. Why didn't I think of that? Hey, faithful Dog, you've become inconvenient for me so I'm afraid I'm going to have to get rid of you.

What, pray tell, do you suggest? Shall I drown him in the river? Send him to the pound? Release him in the woods? 



Harry31 said:


> Did the landlord know you had one when you moved in?



No. He also doesn't know that I have a painting of a lily. And an Argos book.

Thank you Browtal for your sane response.


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## Harry31 (7 Aug 2011)

Does the painting & argos book shed hairs scratch furniture & mess in the house or garden? I understand some people are pet lovers - I'm not - but even if I was I don't think I'd put a pets needs above my own.  I think they were reasonable questions to ask under the query posted.  Why didn't you tell him you had a pet - surely a landlord is entitled to know.  After all you could bring in some really weird animal or a whole pack of dogs


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## ManicPancake (7 Aug 2011)

No, neither the painting nor the book scratch furniture or  mess in the house or garden. But neither does my dog. He does shed hairs, but I scrape them out of the carpet with a currycomb regularly. 

I don't think _any_one who has a dog would find it reasonable to suggest that they simply "get rid of" their dog. It's a living being, not an ornament that you've grown tired of looking at.


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## Harry31 (7 Aug 2011)

Another question you won't like - why don't you have a lease & is the landlord registered with the PRTB.


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## ManicPancake (7 Aug 2011)

I have a sheet of paper with some basic details on it - but no lease. Why not? I guess because the landlord never gave me one (or a rent book) and I'm not going to do his job for him.

Yes he is registered with the PRTB.


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## oldnick (7 Aug 2011)

Despite your angry reaction to  Harry's post  I think he is making a  fair point .

You  know full well that a dog is not to be compared to articles such as a book or a painting. You really believed that you didn't have to  mention to a LL the fact you bringing in a dog?

If you did not inform the LL  that you were renting the apt for you and the dog I believe that morally the LL is right.

 But,legally, probably Bronte is right re the lack of agreement and the legal requirement for proper notice (which could be 7 days if the dog disturbs others)

Unfortunately for the LL he didnt have a written agreement that specifically states that dogs are not allowed.  I assume he based the verbal rental agreement on  common sense which would include someone stating that they wished to bring in a dog. 

I imagine that in the future he will have learned that comon sense and trust are not the basis for neglecting a written agreement and because of tenants like you he will now write every last detail.

 .


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## becky (7 Aug 2011)

I'd ask him for the 28 days and find place where pets are allowed.  No pets allowed is common in leases, especially apartments.  

I have rented loads of places over the years and in the last 10 years have always had a lease.  I never had a rent book though but as I paid by electronic transfer I had a record.

I lived in a place with a no pets allowed but there were plenty of dogs about the place.


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## ManicPancake (7 Aug 2011)

What he's trying to do is an illegal eviction. I would be interested to know who to report this to.


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## Harry31 (7 Aug 2011)

ManicPancake said:


> I have a sheet of paper with some basic details on it - but no lease. Why not? I guess because the landlord never gave me one (or a rent book) and I'm not going to do his job for him.
> 
> Yes he is registered with the PRTB.


 
Really I think you have been naive in not getting a proper lease agreement, I'd cut my losses - and say you want 28 days notice & find a pet friendly place to stay.  The hassle of being on bad terms with a landlord is probably not worth it.  It's been a lesson, I'd do without anymore frustration to be honest.


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## sustanon (8 Aug 2011)

Maybe the pet isn't the real reason you're being evicted.


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## Bronte (8 Aug 2011)

Oldnick you've me confused with Browtal I think.  

There are two people in the wrong here.  Tenant should have asked if a pet was ok.  Landlord has to give proper written notice, should have provided a rent book but does not have to provide a lease.  If I remember correctly in the first six months landlords do not have to give a reason for terminating the tenancy.  Many landlords for very good reason say no to pets.  

The solution for all is the landlord to give proper notice and the tenant to abide by that.  And next time ask is a pet ok.  If the landord acts illegally then you need to go down the PRTB route.


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## oldnick (8 Aug 2011)

sorry Bronte  (obviously you're on my mind a lot !).

I think in this case maybe it could be argued that the agreement was for just one person to rent the apartment. By bringing in a dog this was a breach of the agreement to rent to one person. (I'm assuming the dog was with the tenant when agreeing with the LL)
 Not disclosing such a material fact cannot be excused by stating "well, I didnt see anything in writing against pets"; that would be  either very naive or mischievous.

Just an opinion and am probably wrong.


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## elcato (8 Aug 2011)

I don't think the OP mentioned it was an apartment. If it were I think it would be reasonable to not allow dogs.


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## jdwex (8 Aug 2011)

Is it an apartment? If so, it might be out of the landlord's hands. The lease with the management company (apartments are usually leasehold) might say no pets, and you'd be bound by this.


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## Bronte (9 Aug 2011)

elcato said:


> I don't think the OP mentioned it was an apartment. If it were I think it would be reasonable to not allow dogs.


 
Why?  What difference does it make if it's an apartment versus a house?


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## PaddyBloggit (9 Aug 2011)

A house would allow more flexibility .... back garden etc. for keeping pets.

But all for nought if landlord wouldn't have allowed a pet in the first instance.


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## Leaky1 (9 Aug 2011)

Bronte said:


> Why? What difference does it make if it's an apartment versus a house?


 
The apartment management company may have it's own house rules regarding pets not being allowed. Luckily my own apartment allows pets (as long as they do not disturb others), however the management company also makes it mandatory for landlords to include the house rules in the lease - which is a problem for the OP as s/he doesn't have a lease.


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## shesells (9 Aug 2011)

A tenant doesn't have the automatic right to have pets in a rented unit - they would have to be pre-cleared with the landlord, and in most cases would pay an extra deposit.

In our (managed) development, no dogs are allowed, and the landlord is responsible for ensuring that their tenants comply with the rules. Our agents do take action against landlords to ensure that any dogs are removed asap. We are a high density development and dogs barking would disturb up to 50 other units.


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## elcato (10 Aug 2011)

To clarify, the reason I mentioned the apartment was in fact because of management and space issues.


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