Rabbits and bird running loose in property!

Invite Michael Gove to help you clear up the mess - he might actually learn something about a subject he mistakenly thinks he has all the answers to.

In the absence of any ASBO, you need to prove breach of tenancy, which would be virtually impossible. My advice, to someone like you who is (respectfully) clearly inexperienced, is to get out now whilst you still (easily) can. Often, once the property is in such a state, and provided the tenants are still paying, leave it - it needs clearing up regardless.

Just don’t read Section 12 of the Allotments Act 1950, which states:

“(1) …it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land…”

Reply to the comment left by Luke P at 02/04/2024 - 10:33
Hi Luke, We always have something to learn, and I think one Section 8 every 25 years for a portfolio residential landlord would make many landlords quite envious! I think your comment a little harsh. If the animals had been kept outside it would have been a different matter, but my not being allowed access for about 18 months, being forced to drag this tenant through the courts because she had been given a silly idea that she would automatically be given social housing; - with the tenant pulling every delaying stunt in the book including an imaginary heart attack, does make life a little challenging for a law abiding landlord.
The balance of power between the residential landlord and tenant has moved too far in favour of the tenant and Mr Gove is indeed very welcome to come and help me clear up the mess!

Reply to the comment left by Sally Robinson at 02/04/2024 - 11:00
It’s more reality than harsh. One Section 8 in 25 years is precisely where the inexperience comes from. I’m not saying you’re a bad LL, rather with the rules ever tightening and being, seemingly, ‘green’ to these matters (and a pensioner), it would be very very wise to exit whilst you can. I’m much younger and exiting.

Reply to the comment left by Sally Robinson at 02/04/2024 - 11:00
I know how you feel. I issued my only S8 in 2021 after 20+ years as a model landlord. No rent for 15 months, ASB, subletting, drugs and drunkeness, large dogs in the flat, and criminal behaviour. He's now in jail, but left the flat in an awful state. That experience cost me over £20k, and put an end to my previously enjoyable BTL journey. I sold it to bring closure to the many months of stress, and will sell my final BTL as soon as I can.

In an ideal world we should be making regular inspections to pick up on these problems at an early stage. The reality is a lot of landlords don’t. I certainly do not inspect anywhere near as regularly as I should especially where a tenant seems like a good one. I’ve been caught out once several years ago by a couple of Cambridge educated professionals who had a pathological aversion to any kind of cleaning. It was a lot worse than it sounds!
I am hopeful that when S21 is no longer an option that either another option replaces it, or S8 is amended to allow eviction on the grounds of damage as a mandatory ground. Or basically the S8 mandatory grounds are expanded to cover many more issues than are currently covered.
As an aside I went on an eviction course run by an ex-Shelter staff member and she told us they used to rub there hands together when a tenant was only issued with S8 because they had so many great ways to defeat and delay the eviction. This is now ringing in my ears when I think about the end of S21.

Reply to the comment left by Kate Mellor at 02/04/2024 - 13:59
Which is precisely why my advice to the OP was to get out whilst they still can.

Reply to the comment left by Kate Mellor at 02/04/2024 - 13:59
This tenant refused access for inspection, repairs, gas cert... and we can't force access, regardless of what we know to be happening.

My sister has an ex-council flat, and to save effort, gave it to the council on a 3 year contract. They didn't inspect, and told her she could not do her own inspection. The neighbours had complained so she turned up with a clipboard and simply said she was there to inspect. The tenant allowed her in thinking she was council. She was appalled at what she found. It was drug den and he was breeding Pit Bulls in the lounge. The brand new carpets were torn up and the floor covered in urine and faeces. The new kitchen cupboards were hanging off their hinges. Walls were filthy. She wasn't happy with the council!

Reply to the comment left by NewYorkie at 02/04/2024 - 15:12
Whilst I completely sympathise with your sister, it shows a total ignorance of the system to imagine any kind of different outcome from renting to the council than the one she had. That isn't a criticism, she's just come in with an expectation that the council will act professionally, as landlords, and that they will show a duty of care to their upper landlord's property and duly vet any tenant they put into the property. No, they don't. The criteria for putting someone in your home is that they are eligible for the housing and the property has the correct number of bedrooms. Being a reprehensible scum-bag is not an issue whatsoever as far as the council is concerned.

How horrible. I feel for you, Marita.

My AST says "NO ANIMALS" and that there will be "INSPECTIONS EVERY 3 MONTHS".

What more can you do?