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Pet clause

Started by Shackowner, January 14, 2021, 04:21:54 PM

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Shackowner

If I rent a property out and it's has to be to pet owners Can i put in the agreement that they must replace all carpets when they leave?
Or out in a clause where any damage caused by pet they have to pay before end of tenancy?
Any ideas?

Inspector

A clause stating carpets must be replaced at the tenant's expense will almost certainly be unenforceable.

If you agree to pets then you are agreeing to the additional ear and tear that the pets cause.  So additional wear to the flooring will unlikely be chargeable to the tenant but damage the pets cause such as stains and scratches will be liable for a deduction to the tenant's deposit.

When I was a property manager we often added a small amount to the rent for pets and that addition was advised to the landlord to save to put towards damages at the end of the tenancy.

Hippogriff

You could pre-reserve, by agreement, a reasonable portion of the Deposit you take (ensuring that Deposit is the maximum you can legally, take of course) for professional cleaning at the end of the tenancy... maybe a figure like £150 or something? But... you start out by asking if you rent a property out and it has to be to pet owners... that's obviously a step too far... it never has to be to pet owners... but you shouldn't discriminate against pet owners.

Pets are people too.

That said, you can do anything you want, pretty much, by agreement... if your prospective Tenants are desperate to find a place that 'allows' their pet(s) and they believe they will stay there very long term, then they might be amenable to replacing the carpets when the tenancy ends. But having it written into the tenancy agreement and then it being challenged at the end of the tenancy is a recipe for [your] sadness. As with all these things (Deposit deductions, alterations mid-tenancy, pet introduction, rent increases)... by agreement is always going to be best. Wrapping everything in a contract is destined to fail.

Hippogriff

Quote from: Hippogriff on January 15, 2021, 09:13:50 AM
You could pre-reserve, by agreement, a reasonable portion of the Deposit you take (ensuring that Deposit is the maximum you can legally, take of course) for professional cleaning at the end of the tenancy... maybe a figure like £150 or something? But... you start out by asking if you rent a property out and it has to be to pet owners... that's obviously a step too far... it never has to be to pet owners... but you shouldn't discriminate against pet owners.

Pets are people too.

That said, you can do anything you want, pretty much, by agreement... if your prospective Tenants are desperate to find a place that 'allows' their pet(s) and they believe they will stay there very long term, then they might be amenable to replacing the carpets when the tenancy ends. But having it written into the tenancy agreement and then it being challenged at the end of the tenancy is a recipe for [your] sadness. As with all these things (Deposit deductions, alterations mid-tenancy, pet introduction, rent increases)... by agreement is always going to be best. Wrapping everything in a contract is destined to fail.

We have to try and collectively get beyond this view that the Landlord / Tenant relationship is an adversarial one... they're just people, most people are reasonable. But, more, they're customers... not an enemy (unless you're in true Sales, I guess, then everyone is the enemy, right?).

heavykarma

You  have a perfect right to refuse a tenant without giving a reason. Setting aside my love of animals,it is quite a canny move for a landlord to accept pets.There has been a massive increase in the number of dogs adopted this year (don't get me started on designer crossbreeds) I only have two rentals suitable for  dogs,but I allow cats and small pets such as a house rabbit and tarantula in the studios. The tenants do appreciate it.Anything that makes people put down roots has to be a good thing for landlords.No pet can cause more damage than the wrong type of human animal.   

Revo

Honestly the best way forward is NO pets ( maybe a goldfish) karma's right humans are the worst but, the nuisance value can be horrendous & expensive. 

Newbe

Can you force a tenant who was allowed a dog to have it removed from the property? She has 2 cats as well but the issue is that when I went to do inspect the property and do some work she refused to put the dog on a leash and I am really uncomfortable around dogs. The tenancy is  assured shorthold agreement  with the term ending today and a clause saying it will ten continue on a year to year basis. The pet clause states that a reasonable amount of pets or animals are allowed to be kept in the property. If this privilege is abused the landlord may revoke this privilege in 30 days notice. She also has rent arrears. Please advise.

KTC

You can't force removal of a dog. You can ask, they will rightly tell you where to stuff your request.

You can evict them, through the correct legal process.

Year to year periodic  :o Well, you have six months to serve notice to end at the end of the year period or later.

Newbe

So the pet clause in the contract is not enforceable - isn't it reasonable to ask someone to restrain their animal while you are working in their property?  I thought you couldn't evict people due to covid at the moment.

KTC

Quote from: Newbe on January 20, 2021, 03:04:58 PM
So the pet clause in the contract is not enforceable

It's not unenforceable, you can apply to court to for order for possession on breach of contract (or through no fault section 21). First question, is there breach of contract. You being uncomfortable around dogs is not a breach of contract by the tenant. If you take it to court, the court will first decide whether one (?) dog and 2 cats is an unreasonable amount.

If she has rent arrears, you can also go to court on that basis.

It's not necessarily unreasonable to ask, but at the same time, they are perfectly entitled to say no. As long as the dogs isn't dangerous, everything's perfectly legal.

There's a stay on enforcing a possession order (actually evicting people) with exceptions for anti-social behaviours and at least six months rent unpaid, there's no stay on landlord serving notice and getting possession orders.

Hippogriff

I think it's reasonable for the Landlord to ask for any and all animals to be kept away while they are there doing work... that would be a safety issue on the face of it, as well as preference. However, you can't escape the fact that it seems like you were asked whether it was OK to have a dog and you replied saying "yeah, sure"... so haven't you made your own bed? Maybe it is better, for you, to forgo inspections for this tenancy and to employ a Handyman, or suchlike, for the other work you reference (I assume you're not maintaining the boiler or doing any electrical installations yourself). So... to close this off... you asking whether it's now OK to have the dog "removed from the property" (and the only way to read this is permanently, as you don't seem to hint at momentarily) is where it'd all become unreasonable.

As mentioned, there are advantages to having Tenants with pets. Maybe the way you handle your business can adapt?

Tricia

Is anybody else confused about the recent news that Landlords cannot ban tenants from having pets?  I don't want dogs or cats in my rental property because I worry about them being left home alone all day and bothering neighbours. I have always had dogs so it's not that I dislike them but some people have them and never walk them so they get destructive.

Hippogriff

What recent news are you citing? Please provide a link.

As far as I was aware a blanket ban on pets has been unwelcome for quite a while now... any request still has to be made, but it should be assessed on its merits... there should still be opportunity to refuse / object to pets if a Landlord feels strongly about it... but maybe the blanket ban will effectively disappear... that's OK in my book as a blanket ban doesn't take account for specific situations... it assumes a default. That said, Government has got the Landlord population firmly in its sights from many angles... so anything that comes out these days is unlikely to be pro-Landlord.

It is fair to say that, unless you somehow live in your rental property, then any noise or disruption to your Tenant's neighbours is actually nothing to do with you.