LATEST: Pet-owning resident in legal clash with freeholder over ‘permission’

A dog-owning tenant has launched a legal challenge against her freeholder which could result in parting with ©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - LATEST: Pet-owning resident in legal clash with freeholder over ‘permission’ | LandlordZONE.

LATEST: Pet-owning resident in legal clash with freeholder over ‘permission’

A dog-owning tenant has launched a legal challenge against her freeholder which could result in parting with her pets or the leasehold.

The woman’s partner moved into her property five years ago with three small dogs – and admitted this to the freeholder. It then sent her a letter quoting part of the lease that says tenants aren’t allowed pets unless they have written permission, however she did not get official consent. When a new block of flats was built next-door by the same company, one of the new tenants asked to have a cat but was turned down, so kicked up a fuss to the firm.

Julie Ford (pictured), who runs , is supporting the tenant whose case is being heard by a First Tier Property Tribunal. She says there was ‘implied acceptance’ as the freeholder was aware of the dogs but didn’t ask for them to be removed.

“We’re hoping for a positive outcome as we’ve got a lot of support,” says Ford. “We surveyed a lot of neighbours who weren’t even aware the tenant had dogs and never heard them bark. If it goes the tenant’s way, it would set a precedent.” 

Most leasehold flats, especially those in large blocks, specifically ban pets in the lease and so far, any legal battle has failed. David Smith, property solicitor at JMW, says landlords would find it hard to turn down a pet on disability grounds, but that they retain the right to say no for any other reason. “One recent legal challenge from a tenant who wanted to live with his dog because he said it would benefit his mental health, was thrown out by the court,” Smith tells LandlordZONE.

glenn arma pets

Nigel Glen, CEO of the Association of Residential Managing Agents (pictured), suspects the majority of leases forbid pets but says the standard clause aims to try to protect communal harmony.

He tells LandlordZONE: “I don’t believe this is meant to be a killjoy or a way to charge fees for licences – instead I suspect it is a feature of communal living. I’m a zoologist by training so animals fascinate me.

“But not everyone likes pets and people with allergies, phobias or simply easily disturbed have to be taken into consideration.” 

This case follows Andrew Rosindell’s scuppered private members’ bill to give tenants the right to live with their pets if they proved they were ‘responsible and caring’, while animal charity is pushing for the Tenant Fees Act to be amended to allow landlords to either take additional deposits off tenants seeking to rent with pets or require tenants to take out extra insurance.

©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - LATEST: Pet-owning resident in legal clash with freeholder over ‘permission’ | LandlordZONE.

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Lobby group: ‘Tenants should be paid £1,700 to move out when served no-fault notice’

Tenants should be able to challenge Section 21 notices and get compensation if they’re forced to move ©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - Lobby group: ‘Tenants should be paid £1,700 to move out when served no-fault notice’ | LandlordZONE.

Lobby group: ‘Tenants should be paid £1,700 to move out when served no-fault notice’

Tenants should be able to challenge Section 21 notices and get compensation if they’re forced to move home for reasons outside their control, says Generation Rent.

The campaign group is calling for measures to challenge ‘mandatory’ evictions when a landlord wants to sell and to help tenants fund the £1,709 that it costs an average household to move home.

Generation Rent says Section 21 is used by landlords when selling up, who can also abuse it to re-let at a higher rent, or to avoid making repairs.

40,000 households

Its research shows that more than 40,000 households in England have been threatened with homelessness by landlords using no-fault eviction grounds in the two years since the government promised to abolish them.

Between April 2019 and March 2021, councils dealt with 557,030 cases of homelessness, of which 91,710 were private tenants facing eviction. Of these, 44,040 households were facing eviction due to their landlord selling up, re-letting or evicting following a complaint by the tenant – representing 0.9% of England’s 4.7m private renter households.

The Prime Minister’s local borough of Hillingdon has the second worst rate in the country, with 29 in every 1,000 private renter households having faced homelessness after complaining about disrepair, or after their landlord decided to sell or re-let their home.

Alicia Kennedy, director of (pictured), says: “Being forced to move for reasons outside your control creates unimaginable stress, uproots you from your community and disrupts children’s education. Right now, landlords need no reason to inflict this on their tenants.

“The government has rightly committed to the abolition of Section 21 evictions, but this is too late for the thousands of renters who have faced homelessness while the reforms have been delayed.”

©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - Lobby group: ‘Tenants should be paid £1,700 to move out when served no-fault notice’ | LandlordZONE.

Source : Landlord Zone More   

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