The first question to ask is do you have a clause in your tenancy agreement prohibiting pet ownership at the property?
Why have a clause?
Landlords commonly will have a clause prohibiting pet ownership for the following reasons:
- Potential damage to the property
- Problems for future tenants due to pet allergies
- Noise and disturbances
- Unwanted odors and mess in the garden
- Fur, it gets everywhere!
If you don’t have clause prohibiting ownership, then there isn’t anything you can do apart from ensuring that if you don’t wish tenants to have pets that you include a clause on future tenancy agreements.
If you do have a clause
The good news is, if you do have a clause you can give notice to your tenant under section 8 clause 12 of the Housing Act 1988. Section 8 clause 12 covers a breach of the tenancy agreement.
You should ask for the pet be removed and refer to the clause in the tenancy agreement. You should always document carefully any correspondence with the tenant for your records and so that if the court requests this detail you are able to supply it.
If the pet is not removed, you can then begin the paperwork to seek possession.
Eviction under section 8 clause 12
You must fill out form 3 which can be found here: https://www.gov.uk/guidance/as...
You’ll need to outline the reason and state that it is due to a breach as well as stating what the breach is. This form will need to be sent to the tenant as it is the formal notice seeking possession.
Once you have informed your tenant that you will be applying for possession after the notice period of 14 days and they have not vacated the property in the specified timescale you can apply for possession.
Applying for possession
You must firstly apply for possession including an application to transfer up to the High Court this will enable you to bypass the lengthy waiting times for a County Court Bailiff. We will then be able to act on your behalf to enforce the Possession Order using a Writ of Possession, you must complete this form https://assets.publishing.serv... it will cost £355, you must send the completed form to your local court, this can be found by searching by postcode here https://courttribunalfinder.se...
Once you have your possession order you should complete the following steps:
- Complete the relevant form for what it is you want us to do. If you need any assistance with which the right way for your case is, please call us on 0333 001 5100
- Send us a copy of the judgment or order (and also the claim form if it was processed online) and a cheque for the £66 court fee made payable to HMCTS (HM Courts & Tribunals Service)
- Please also send us as much information as you have about your debtor, as that will greatly help the enforcement officers when they attend to enforce the writ
Instruct us today https://thesheriffsoffice.com/...
David is an authorised High Court Enforcement Officer and our Director of Corporate Governance