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Tenancy Agreements 33 days of tips – Day 29 – Pets

July 26, 2017 by Tessa Shepperson

Tenancy Agreement 33 days of tips Day 29

Letting to tenants with pets

Most landlords are adamant. No pets.  Pets can cause damage to the property, future tenants with allergies may not want to live there, and you are worried about neighbours complaining about barking dogs.

However, maybe you should sometimes re-consider this blanket prohibition, particularly if you are finding it hard to let your property.  Would allowing a tenant with a pet really be so terrible?  Depending on the tenant and the pet of course.

Research by the Dogs Trust shows that

  • 78% of pet owners have experienced difficulty in finding accommodation which accepts pets
  • 54% were never able to find a suitable property, and
  • 8% had to rehome their pet

The majority of pet owners are decent responsible people.  In most cases, if you offer them a tenancy, they will be so grateful to have found a somewhere where they can keep their pet that they will take good care to keep it, by paying rent promptly and keeping the property in good condition.  You may also find it considerably easier to find a tenant for your property as your pool of prospective tenants will be so much wider.

Your Tenancy Agreement if you allow pets:

If you decide to allow your tenant to keep a pet, you do need to protect your position as a landlord and the tenancy agreement is the best place to do this.  For example

  • You should confine your permission to a specific pet or pets and state details of the pet, including the breed of animal (where known) and microchip details, and
  • Have details of the animal’s vet and
  • The name, address and contact telephone number of someone who will look after the animal if the tenant is unable to do so for any reasons, for example, if they go into hospital – otherwise, under law, you are responsible
  • The tenant should also be bound by pet related terms and conditions, setting out things such as the tenant’s responsibility for the welfare of the animal, and for ensuring that it does not cause a disturbance.

I used to include these details on special ‘pet’ tenancy agreements.  However, I now have a special ‘pets form’ which includes all the information required (including special ‘pet’ terms and conditions) and which serves as an amendment to your tenancy agreement.

My pets form is only available to my Landlord Law members but you will find a similar (if less detailed) form on the Dogs Trust Lets for Pets web-site.

Your Tenancy Agreement if you don’t allow pets

If you *don’t* want to have pets, make sure that your prohibition clause is valid – it is essential that you do not amend standard pets clauses without taking advice first or you can invalidate them.  Please see the guidance given on Day 17 regarding this.

If you find that your tenant is keeping a pet without permission, it may not be possible practically to force them to give it up during the fixed term, but if you have a valid pets clause, then at least you will be able to claim for any damage out of the deposit.

If the tenant wants to stay at the property after the end of the fixed term, then you can refuse to agree to a renewal unless the pet is removed, or maybe an additional deposit paid (should the deposit regulations at the time permit this).

Landlord Law Tenancy AgreementsNB Find out more about my Tenancy Agreement Service on Landlord Law

All Landlord Law members can also use my special pets form which can be used with any of our tenancy agreements.if you decide to allow your tenant to keep a pet.

click-here

 

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About Tessa Shepperson

Tessa is a specialist landlord & tenant solicitor and the creator of this site! She is a director of Landlord Law Services which now hosts Landlord Law and other services for landlords and property professionals.

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Comments

  1. Lynn Lawrence says

    July 26, 2017 at 4:18 PM

    It matters not how responsible pet owners are, dogs and cats are creatures that mark their territory, as such they will always do it, when you are not watching.

  2. Lawcruncher says

    July 31, 2017 at 9:36 AM

    The statistics quted above are mildly depressing. Short term tenants obviously cannot be allowed free reign, but restrictions on pets, a fairly recent introduction, are yet another instance of how short term tenants are treated as second class citizens whose freedom of action is curtailed. Control freaks rule!

    The problems caused by pets are exaggerated. Between 40% and 50% of households have pets. If pets were a major problem the figure would be much lower. I have never heard anyone argue that it is more difficult to sell a property where the owner-occupier has kept a dog or cat.

    If the property is leasehold then as a minimum any restrictions imposed by the lease have to be imposed on the tenant. Otherwise, it has to be a case of allowing what it reasonable. Is it reasonable to let a detatched house with a garden and prohibit pets absolutely? If you think it is then the restriction needs to be highlighted in the advertising or potential tenants informed before they view. Very often the first a tenant gets to know about the restriction is when presented with the tenancy agreement just before the tenancy is about to begin.

If you rent property - you need a tenancy agreement!

The 33 days of Tips

Tenancy Agreements Tips During 2017 I published a weekly series of tips on tenancy agreements.

You will find an index here, along with other tenancy agreement related resources.

Index

  • Day 1: Introduction
  • Day 2: Why use one?
  • Day 3: Tenancy or license?
  • Day 4: Tenancy types
  • Day 5: Shared houses
  • Day 6: Right to Rent
  • Day 7: Parties
  • Day 8: Addresses
  • Day 9: Guarantees
  • Day 10: Letting agents
  • Day 11: The Property
  • Day 12: Rent
  • Day 13: The Term
  • Day 14: The Deposit
  • Day 15: Inventories
  • Day 16: Unfair terms (1)
  • Day 17: Unfair terms (2)
  • Day 18: Bills
  • Day 19: Penalty Clauses
  • Day 20: Business use
  • Day 21: Repairs
  • Day 22: Insurance
  • Day 23: Notices
  • Day 24: Inspections
  • Day 25: Ending
  • Day 26: Assignment
  • Day 27: Left items
  • Day 28: Student lets
  • Day 29: Pets
  • Day 30: Preparation
  • Day 31: Renewals
  • Day 32: Reviews
  • Day 33: Finding

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The purpose of this blog is to provide information, comment and discussion.

Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

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