What are the options if your tenant has a pet without permission? Good owners care a lot about their pets – but as a landlord, your mind can race to the risks of damage or nuisance.
Does your insurance cover the costs if your tenant’s pets damage the house or flat, for example? If you rent out property in a busy locale such as Shad Thames or London Bridge, you may also be concerned about souring relationships with close neighbours.
As a landlord, you have to strike a balance between your instinctive reaction and your legal responsibilities. There are also advantages to renters who want to share a home with their treasured, well-behaved pets.
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Read on to find out what you can do if your tenant lied about a pet at your UK rental property, and learn how UK rental laws are becoming more pet-friendly. Here’s what you need to know – and the legal pitfalls to avoid.
Find out which pet your tenant owns. Pets come in all shapes and sizes, and their impact on your property will vary accordingly. If they want to keep a small animal, you may decide it’s appropriate in a property where a large dog would be unsuitable.
The Consumer Rights Act (2015) states that tenants should be allowed to ask for permission to keep a pet.
So, are landlords forced to allow tenants to have pets? No, they’re not – landlords can turn down a request, but they should provide a reason why the rental property isn’t suitable for animals. For instance, if the apartment building doesn’t allow pets, you can put a clause in the tenancy agreement, giving your justification.
Consider your tenants’ point of view too. For many people, pets complete their family and enrich their daily routine, and you can seek reassurance. If your tenants request permission to keep a pet, references could put your mind at rest. Ask for details on the pet’s vaccination records and training, along with a reference from their vet. This will give you an idea of their behaviour and whether they’re compatible with your rental property.
In January 2021, the government updated its Model Tenancy Agreement (MTA) to make giving tenants permission for pets the default option. You can read all the details here.
Two issues are in play when you discover your tenant is keeping pets without permission. One factor is the pet, with the increased risk of wear and tear. But the other issue is that the tenants haven’t consulted you first. If the tenancy agreement states that they can’t own pets at the property, your tenant may be breaching the contract.
Have you noted any pet damage, or are they responsible owners? If you have a good landlord-tenant relationship, and the pet is well-trained and in good health, the tenant moving out could be more hassle.
If you’ve decided it’s inappropriate to keep a pet at the property, or you’ve noticed damage – you need to break the news that they must get rid of the pet. Now you need to send a letter to the tenant regarding pets at the property. Put it in writing, and make sure you keep the information clear. The consumer rights team at Which? has created a sample letter to a tenant stating that no pets are allowed, and you can find it here.
Only 7% of private landlords advertise their rental properties as suitable for pets – yet pet charity PDSA estimates that 52% of adults are pet owners. Though not every pet owner is a model citizen, the same applies to any tenant. Tenants certainly can have pets, but this is up to the landlord, who is able to refuse pets if they feel it won’t work for their property.
Yes. While it’s not true that landlords are forced to allow tenants to have pets – rental laws are becoming more pet-friendly, so how can a landlord say no to pets under current laws? Landlords can specifically state that their property does not allow pets, and even put this in the tenancy agreement. However, landlords will have to consider the fact that the rules surrounding this will be changing under the Renters Rights Bill, discussed at the end of this article.
Can a landlord evict a tenant for having a pet without permission? If the contract includes a no-pet clause, and keeping a pet isn’t appropriate at the rental property, they have broken the terms of the tenancy agreement and you can serve a Section 8 notice. You may also be able to start the eviction process by serving a Section 21 notice. But you can only take this route if the fixed term of the tenancy has expired or there is a suitable break clause.
But you should take a step back before making your decision. Evictions can take time and cost money. Are they good tenants overall, and do they pay the rent on time? If your reliable tenant stays in the property, you avoid a vacant period and the risk that your next potential tenants won’t be as dependable.
Landlord insurance policies don’t typically cover pet damage (though some specialist policies do) – you will have to check the finer details of your policy. A proposed amendment linked to the Tenant Fees Act 2019 was proposed to resolve the issue under the Renters’ Rights Bill, but this was dismissed by the House of Lords.
Tenants are expected to return the property in good condition – that doesn’t change once pets are present. But there are some rules and regulations.
Under the Tenant Fees Act 2019, landlords in England can’t charge an additional deposit above the value of five weeks’ rent or add a pet fee to cover pet damage. You can’t charge for professional cleaning after tenants with pets vacate a rental property, either. But you can discuss raising the rent, and if there’s any pet damage at the end of the tenancy, you can deduct costs from their deposit.
Will tenants be able to keep pets in rental property more easily in the future? A slew of changes over the past 5 years certainly point in this direction. First, the ‘Renters’ (Reform) Bill’ and ‘Dogs and Domesticated Animals Accommodation Protection Bill’ proposed easier ways to rent property with pets, and now the Labour government’s Renters’ Rights Bill is due to follow suit. According to the government guide, the new rules aim to “ensure landlords do not unreasonably withhold consent when a tenant requests to have a pet in their home, with the tenant able to challenge unfair decisions.”
While the exact grounds for saying no to a pet are still under consideration, there are some general guidelines:
Initially, the government proposed that landlords would be allowed to require tenants to take out pet insurance, but this proposal has been scrapped. The House of Lords blocked this motion, stating that the normal deposit amount should be sufficient to cover damages.
If you need to discuss your tenant’s right to have pets or any other queries about your London rental property, contact the team at Garrett Whitelock.
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