Planted aquarium in rented property...

[kadoxu]

Hi guys,

This is more about legal advice than anything else... lol

So I have a small issue... my landlord feels "that there is too much of a risk of damages" having a 20 Litre (5 gal) aquarium in the flat.

The thing is, I only remembered to ask after I set it up... I understand the concern... but I would be the one responsible for any damages caused by the aquarium.

I am aware of the usual "No Pets" clause... but what if it's just a planted aquarium?

There is one clause about decorations in the contract:
Obligations of the Tenant - Use of the property - "Not to decorate or make any alterations or additions to or in the property without the prior written consent of the landlord or the agent which will not be unreasonably withheld."

Will I really be breaching the apartment rental contract if I use it only for plants?

 

[Tim Harrison]

I very much doubt it...I don't think any definition of 'pets' is broad enough to include plants...otherwise no one in a similar situation would be able to keep pot plants either and that'd be just insane.

As for the other clause that's probably to do with the structure and fabric of the building...I'm pretty sure a small glass container with water in it doesn't count.

 

[Alex J]

I agree with Tim, on both counts. personally i find it incredible that your landlord has said and that there is too much risk involved sounds very, very petty.

 

[kadoxu]

Thanks guys.

I replied to the agency asking for them to tell me if the contract stops me from having it with plants only...

no one in a similar situation would be able to keep pot plants either and that'd be just insane.

Exactly what I thought... an indoor plant with a 20L+ pot is easy to find...

I agree with Tim, on both counts. personally i find it incredible that your landlord has said and that there is too much risk involved sounds very, very petty.

Well, the communication is made through the letting agency, so I try not to accentuate wordings too much... I understand where he is coming from... but, in the end, I'd be responsible, he has insurance and they have enough deposit money to fix it if something happens...

 

[zozo]

Is a bucket of water to mob the floor allowed? What if you knok that over.. You're insurance probably will cover the damage. I do not know about the UK but we are obliged to have only one insurance "legal liabilyty" we call it. That means if you cause any damage to someone elses property it's covered. Usualy this also includes water damage, lets say you're washing machine connection pops of the tap because it's wrongly installed or you indeed knok over a 20 litre bucket during window washing.

Look in your insurance policy or ask the agency, in our case it also includes aquariums.. No pets policy, is usualy cats, dogs or anything else that smels can make noise, escape and cause trouble or niucanse for neighbours.. I do not believe a goldfish are on that list, (except roaring goeramies lol). I think any lawyer will roll over the floor laughing if you're land lord will sue you for that under the no pets policy. Next to that, there is a privacy issue, you're landlord actualy shouldn't even et the chance to find out you have an aquarium, and since they are rather quiete, you're neigbours wont notice either..

 

[Andy Thurston]

Next to that, there is a privacy issue, you're landlord actualy shouldn't even et the chance to find out you have an aquarium, and since they are rather quiete, you're neigbours wont notice either..

Rental properties in the uk are usually subject to a periodic inspection although the do have to give written notice in advance

 

[Worshiper]

A couple of years ago I rented a flat in a Grade 2 listed building. The agency was really particular about the NO PETS rule.
I nonetheless kept a 24L tank . Every time the agency came over I covered it with a black cloth and a few laundry clothes so it was well hidden. Never got caught!

I was honest with my existing landlord but he was fascinated with it so let me keep it

 

[zozo]

Rental properties in the uk are usually subject to a periodic inspection although the do have to give written notice in advance

Over here the same.. I guess that's normal if you're an owner and have stuff for rent... But as already said, not unanounced... And not in the cabinets and as worshipper says, not under the towels.. But c'mon, a fish is not a pet. I would realy haved asked, what risk he was pointing to with 20 litre of water, just to have a laugh..
I would have asked are you afraid my dog will knok it over?? Just to take'm by the nose..

 

[Derek113]

In the UK im sure a fish tank comes under furniture. I could be wrong so dont take my word.

landlords can be difficult. My advice is get a council house ASAP!

 

[Andy Thurston]

My advice is get a council house ASAP!

love to but single mums and druggies get bumped to the top of list.
I had a 350l corner tank in my last place which weighed approx 1/2 a ton, the floor joists bowed when i filled it. My landlord said it was fine for me to have a tank but i didn't tell him how big it was. if your worried about damage from leaks make sure that you ask your insurers if you are adequately covered

 

[Aqua360]

love to but single mums and druggies get bumped to the top of list.
I had a 350l corner tank in my last place which weighed approx 1/2 a ton, the floor joists bowed when i filled it. My landlord said it was fine for me to have a tank but i didn't tell him how big it was. if your worried about damage from leaks make sure that you ask your insurers if you are adequately covered

Lol I can testify to this, I was always scared my Trigon 350 would leak or something!

 

[zozo]

It happened to me once in my life, 180 litres and back panel cracked open from top to bottom, for no obvious reason, darn tank stood fine for years. I felt nothing shaking only heard a zip and a splash.. But i can tell that's a lot of mopping next to the adrenaline.. Doesn't look so much in the tank, but on the floor is a different storry.

 

[kadoxu]

No pets policy, is usualy cats, dogs or anything else that smels can make noise, escape and cause trouble or niucanse for neighbours.. I do not believe a goldfish are on that list, (except roaring goeramies lol). I think any lawyer will roll over the floor laughing if you're land lord will sue you for that under the no pets policy. Next to that, there is a privacy issue, you're landlord actualy shouldn't even et the chance to find out you have an aquarium, and since they are rather quiete, you're neigbours wont notice either..

My contract is a bit more specific than that. It says "Not to keep any animals or birds (whether domestic or otherwise)" (because birds are aliens)... and as Andy said:

Rental properties in the uk are usually subject to a periodic inspection although the do have to give written notice in advance

Yup... every 6 months or even less I get a visit...

I would have asked are you afraid my dog will knok it over??

Ahahahah!!

My advice is get a council house ASAP!

I don't even qualify until the baby (on the way) is born... lol and then I would be at grade C, which rarely gets a house... like Andy (also) said, druggies and single moms have priority...

I had a 350l corner tank in my last place which weighed approx 1/2 a ton

I wish I had the space for one of those!



The major thing here is I don't want to hide something I shouldn't have to... If they return to me saying there is no clause stopping me from having it with plants I'll be fine for a few months while I'm staring and learning plant stuff... and then I'll ask if I can add a handful of shrimp to my existing aquarium instead (it should be harder to refuse that).
If they say that there is indeed some kind of clause that stops me from having the aquarium with plants only, then I'll have to think about something else... worst case scenario I'll postpone the aquarium for a year until I move to a new place (baby on the way).

Thank you all!

 

[zozo]

i'm probably a little bit (too) frivolously and never even would have asked and just bought the tank and set it up.. Can't imagine that someone inspecting would be so silly to say that's not alowed and breach of contract. I would emidately point to the housefly in my trash bin and say please don't call the police.

But if it doesn't have any livestock it's nothing more than i big square flower vase alias plantpot. I also have lived with no pets (animals) rent contracts.. But this never even crossed my mind. That a landlord can be so nitpicky serious about it.. That you have to ask counseling to find out where you stand with a fish..

 

[Aqua360]

My contract is a bit more specific than that. It says "Not to keep any animals or birds (whether domestic or otherwise)" (because birds are aliens)... and as Andy said:


Yup... every 6 months or even less I get a visit...


Ahahahah!!


I don't even qualify until the baby (on the way) is born... lol and then I would be at grade C, which rarely gets a house... like Andy (also) said, druggies and single moms have priority...


I wish I had the space for one of those!



The major thing here is I don't want to hide something I shouldn't have to... If they return to me saying there is no clause stopping me from having it with plants I'll be fine for a few months while I'm staring and learning plant stuff... and then I'll ask if I can add a handful of shrimp to my existing aquarium instead (it should be harder to refuse that).
If they say that there is indeed some kind of clause that stops me from having the aquarium with plants only, then I'll have to think about something else... worst case scenario I'll postpone the aquarium for a year until I move to a new place (baby on the way).

Thank you all!

Why not just not mention it? Worst case scenario, they tell you to remove it no?

 

[zozo]

I once red a story like that on a Dutch reptile forum, the guy had frogs, with a relative heavy light above the tank.. The constant heavy light burning 10 hours a day trigert an inspection.. The landlord called the police, because he thought the guy was growing ilegal substances. And then the police has to come and inspect. But they only found dart frogs instead. The landlord demanded the dart frogs to be removed, pointing to his no pets clause in the contract. The police said "That's something we do not mingle with, this is privacy right and take your own steps, for us there is nothing ilegal goin on in this appartment, so we are done, have a nice day.." The dart frog grower never heard of it again.
http://www.gifkikkerportaal.nl/Forum/tabid/96/aft/102919/Default.aspx

But that's another country.. Never the less a contract, but it doesn't seem to be so easy for a landlord to breach the contract because of a few silly frogs. A judge has to deside about that and not the landlord..And a judge will always look at a matter like this with some discreet judiciousness or equity (how do you say that?). A clause like that, is vallid to protect the privacy of the other inhabbitants of the complex.. As long this is not endangered the judge probably will deside that the landlords needs to "GET A LIFE"..

 

[kadoxu]

Why not just not mention it? Worst case scenario, they tell you to remove it no?

I don't want to go that way... I signed a contract willingly, so I must follow it.

 

[Tim Harrison]

Sure, don't forget that you are entitled to "quite enjoyment" of the property; it is your home when all said and done.
Either way I wouldn't have mentioned it in the first place; your tank is small enough to probably have been inconsequential anyway

 

[Manisha]

Hi Kadoxu, your scenario seems awful! If you are privately renting - usually you would have the option to renew your lease every 6-12 months but I'm sure there are other variations in agreements. I would get advice from a solicitor or at least the citizens advice bureau to find out where you stand legally and then perhaps have a sensible discussion with your landlord & see if you can come to a compromise ☺ As rubbish as it may be, if it was me, I'd be thinking a private landlord is under no obligation to allow me to renew my lease at the end of the given period so I would be careful and mindful of sticking to my agreement.

I do think for such a relatively small amount or water & little risk - your landlord is being completely anal! There is far worse that you could do!

 

[kadoxu]

Hi Kadoxu, your scenario seems awful! If you are privately renting - usually you would have the option to renew your lease every 6-12 months but I'm sure there are other variations in agreements. I would get advice from a solicitor or at least the citizens advice bureau to find out where you stand legally and then perhaps have a sensible discussion with your landlord & see if you can come to a compromise ☺ As rubbish as it may be, if it was me, I'd be thinking a private landlord is under no obligation to allow me to renew my lease at the end of the given period so I would be careful and mindful of sticking to my agreement.

I signed the renewal just a few days ago... that was when I remembered to ask about it... lol
Even if they go back with the renewal now or don't renew next year, there's a baby human on the way and I'll need a bigger place anyway!