Me vs Landlord's Overdue Fees

[GlasweJen]

It's only a wee snake, doesn't do anyone harm and it stopped us getting mice when next door had male students who didn't know how to clean in. It's quite old now (was mine before I went to uni) and it's only 75cm long, is kept in a secure glass tank when no one is in and we've even got it trained somewhat (I'm a student, nothing better to do with my time), he's not venomous.

 

We contacted the council when he was being sticky over the hearing dog but it never occured to us that it was an unfair contract term. Fortunately no longer live there but still have the snake in the new home, with the cats who think he's odd and keep their distance.

[callumsgran]

LOL are snakes not classed as domestic pets then?

Whoops i might be in trouble as we have 4 and 2 leopard geckos!

[GlasweJen]

Oh I want a gheko but the next pet is going to be a huge spider!

[demon_x_slash]

My tenancy says no pets, but I considered it an unfair term and I now have a hamster and a 'rescue' canary in the flat. They're 'cage-bound' animals (i.e., they stay in their cages at all times), so there's no chance of damage to the place. Our LL is great (3 good years so far, touch wood) and when he saw them he was more "Aw, aren't they cute," than "Get those vermin out of my property"...which confirmed my belief that our AST was not individually drawn up in conjunction with the agents, but a standard photocopy that the agency charges us £80 odd to 'renew' (read: xerox) each year...

[Aequitas]

I am having a slight problem understanding how a prohibition against pets can be an unfair term

[Chesterexpress]

I am having a slight problem understanding how a prohibition against pets can be an unfair term

 

That's quite simply because it isn't.

[MrShed]

Hmmm. I think that there is something of a confusion here. The unfair term is a blanket ban on pets - that has definitely been decided by the OFT. However, you can ban pets for good reason - ie dogs and cats as they may cause damage to the property. The reason a blanket ban is an unfair term is basically due to it preventing pets in "containers" which would not cause any issue - ie goldfish, hamsters etc.

[Ed999]

I would just like to say:

 

1.The Unfair Terms Law 1999 does apply to rental agreements.

 

I've not yet come across a case in which the Unfair Terms in Consumer Contracts Regulations 1999 have been held to apply to a shorthold tenancy.

 

In fact I've gone so far as to say that I cannot forsee the regulations ever being held to apply to such a tenancy: http://www.consumeractiongroup.co.uk/forum/landlords-tenants/116924-me-landlords-overdue-fees-3.html#post1184565

 

Is there a court decision I've overlooked?

[MrShed]

Well Ed, another case of "wheres the dispute"? In what way would UTCCR NOT be applicable, when a shorthold tenancy IS a consumer contract?