Legal help, services and support for private residential landlords
The Renters Rights Act will make it more difficult for landlords to prevent tenants from keeping a pet. Having a streamlined application procedure for them to follow will make it more likely that they will notify you first – rather than just keep a pet without your permission.
Below we give some text you could use to describe the procedure to your tenants, followed by some questions you could put on your application form.
It is essential that you are contactable at all times and that you read all messages sent to you. The Renters’ Rights Act sets out a deadline of 28 days for responding to requests to keep a pet. If (after the act has come into force) you fail to respond within that time period, your tenant will be entitled to keep the pet!
So if you are away, make sure you arrange for someone to receive messages on your behalf.
Item 5 refers to requesting permission from your freeholders. Delete this if it is not applicable.
The pet form referred to in item 6 is a form which amends the terms of your tenancy agreement to include various pet clauses. It can be found on the Tenancy Agreement Additional Forms page. It can be used with any tenancy agreement (not just Landlord Law agreements).
Item 7 refers to a fee of £50. Note that this fee can only be charged in England. It is the fee for amending the tenancy agreement and is authorised by the Tenant Fees Act. A higher fee, though, will be unlawful as will charging the fee if permission is not given.
Item 9 in the procedure refers to your ‘redress scheme’. At the moment, only letting agents are required to belong to a scheme. However, the Renters Rights Act will, in due course, set up a landlord’s redress scheme, and at that time (if not before) you should include this item in your procedure.
The Renters Rights Act recognises this as a valid reason to refuse permission to keep a pet. To avoid problems, we recommend that you notify tenants of this in advance of renting your property, perhaps in the particulars of your advertisements. Ideally, it should also be referred to in your tenancy agreement or House Rules document.
A suitable tenancy agreement clause to replace the normal pet prohibition clause could be:
Below is the procedure to provide to your tenants:
If you wish to keep a pet, it is important that you apply and notify us in advance.
For example, there may need to be some adaptations that need to be done to the property (such as the installation of a cat flat), for which you will need our permission. We will also need to notify our insurers.
It is important that you realise that keeping a pet is a big responsiblity and can also be expensive. Particularly if you intend to keep a dog. Expenses can include:
If you have a dog and work away from home, there may also be the cost of dog walkers during the day. You should not leave dogs alone for more than four hours, as they may become distressed and cause damage. Some dogs, in particular, suffer from separation anxiety if you leave them alone, even for a short period.
Be aware also that you will be responsible for the cost if your pet causes any damage to our property (other than fair wear and tear).
If you still wish to keep a pet you need to follow the following procedure:
Your name:
The address of your property:
Which of the following is your pet?
Dog / cat / caged bird / fish / rabbit / guinea pig / other small furry animal / tortoise / exotic pet / other (please state)
Please provide more details about the pet and pet type. For example, if it is a dog, what breed is it, and is it male or female? If it is a bird, what type of bird (eg budgie, parrot).
Has the animal been microchipped Yes/No/NA
Can you provide a reference for your pet?
Can you nominate someone to look after your pet if you are unable to do so (for example, if you have an accident and need to go to hospital?)
Signed Dated:
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A company registered in England & Wales number 08153069.
R/O 148 Unthank Road, Norwich Norfolk NR2 2RS.
Tel: 01603 763096
Registered for VAT No 140 5971 19.
Tessa Shepperson of Landlord Law is an accredited trainer with the
Property Investors Bureau.
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