1 week ago | 6 comments
I have found myself in an interesting situation and would appreciate your thoughts.
In April this year, new tenants moved into one of our rental properties. At the time of application, they advised the letting agent that they expected to remain at the property for one to two years, that they did not have any pets, did not smoke, and that their two adult children would only stay occasionally.
A couple of weeks ago, they served two months’ notice to terminate the tenancy in August, which in itself is not a problem. However, during a recent visit to the property, I discovered that both the son and daughter appear to have been living there on a full-time basis. Again, this is not a particular concern, except that the son has brought two cats into the property.
The Assured Shorthold Tenancy (AST) Agreement clearly states that pets are not permitted without the landlord’s consent, and no such consent has ever been requested or granted. My understanding is that under the Renters’ Rights Act reforms, tenants are expected to seek permission before keeping a pet, which clearly did not happen in this case.
My question is this: if the check-out inspection reveals no visible damage attributable to the cats, would there be any basis for making a deduction from the deposit for specialist carpet cleaning or deodorising, or indeed for the breach of the tenancy agreement itself?
My understanding is that deposit schemes generally require evidence of actual financial loss, but I would welcome your view.
One additional point is that, during two separate conversations (one with me and another in the presence of the letting agent), the tenant stated that she had previously worked as a letting agent, suggesting she was likely familiar with the obligations contained within the tenancy agreement.
I would be grateful for any guidance you can provide.
Thanks,
David
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Member Since June 2013 - Comments: 239 - Articles: 49
10:27 AM, 23rd June 2026, About 54 minutes ago
You are right, tenants are supposed to seek permission for a pet. Although landlords cannot refuse permission unreasonably. However, as the tenants have never sought permission, they are in breach of contract (so long as your pet clause is valid).
Had the tenants been staying, and if the pets were pets which the landlord could reasonably have refused permission for, this could possibly have been a basis for possession (ground 12 -breach of contract) if they refused to remove them from the property. However, this does not apply if they are leaving anyway.
As far as deductions from the deposit are concerned, this will depend on the condition of the property and whether it has deteriorated since the tenants moved in. This will, as always, need a detailed inventory at the start of the tenancy, and a detailed check-out when the tenants vacate.
As the tenants were in breach of contract, it is possible that the adjudicator might be more generous when assessing the award (but don’t count on it).
Member Since September 2022 - Comments: 200
11:13 AM, 23rd June 2026, About 8 minutes ago
Hi David,
Well hopefully the Cats have not damaged the property and your tenants leave your property in good condition after only 6 months Renting it.
Fair wear and Tear.
However without a full independent video inventory from an Independent video Inventory company proving damage would be very difficult.
The real problem with Cats and Dogs is urine and smells which won’t show in a video !
The Tenants may really not notice the smells as they live in that environment 24/7 !
So be prepared
Check all the carpets and curtains carefully.
Consider replacement of any old tired carpets and remove the underlay as well if needed !
Deep clean by professional company with receipts to fight your case if you decide to go down that road.
Good Luck