Renting with Pets
Landlords may not be aware that the Unfair Terms in Consumer Contracts Regulations 1999 forbids a ‘no pets' clause. It expects landlords not to unreasonably hold consent for tenants to have a pet
Landlords that own the freehold to the rental property are free to let to a tenant with a pet but may wish to amend the tenancy agreement as described below
Landlords with a leasehold property will have to be guided by the terms of their lease. Most leases will refer to the keeping of pets, whether they attempt to preclude them entirely, or seek to protect the interests of the other leaseholders by caveating the keeping of pets by certain levels of control.
The recommended approach is to have a clause within the Assured Shorthold Tenancy requiring that the tenant obtain written consent for the keeping of a pet in the property. Legally a landlord cannot unreasonably withhold this consent. It is illegal to refuse to house an assistance dog as this will discriminate against those disabled tenants with one.
Pros and cons of letting to tenants with pets
With the difficulty in finding suitable rented accommodation, tenants may be more likely to stay once they have found a willing landlord. Long term tenancies are beneficial to landlords, reducing the time and money involved with re-letting and the risk of a rental void period.
As many landlords are reluctant to let to tenants with pets, the tenants may be prepared to pay a small premium to cover extra costs of cleaning and damage caused.
On the downside, pets can create additional cleaning and repair costs. Landlords should make adequate provisions to protect themselves against the risk of damage by increasing the size and scope of the deposit. Preparing a clear and thorough property inventory, ideally with photographs, is essential so any dispute over the deposit can be substantiated.
Other issues include:
- Marks on walls
- Chewing and gnawing on woodwork
- Stains on carpet and floorings
- Hairs and pet residue
- Bad smells
Where the property is shared with other tenants, e.g. a block with communal areas and gardens, existing tenants need to be given consideration. Some tenants may be fearful of certain animals and may decide to leave. Communal areas and gardens may be impacted by faeces; some dogs can cause noise issues.
Some animals, such as hamsters, gerbils and rats are great at escaping. Once free they can disappear into a crack and start munching at electrical cables, or start breeding. Such issues can continue after the tenant has moved out.
Landlords should be aware that it is illegal to own certain breeds of dog, including Pit Bull Terriers, Japanese Tosa, Fila Brasilero and Dogo Argentino unless registered on the Index of Exempted Dogs. A landlord needs to check if they suspect a tenant’s dog might be one of these breeds.
First published: September 2014
