Debate with Landlady – Right to have a pet

Debate with Landlady – Right to have a pet

9:25 AM, 8th October 2014, About 8 years ago 54

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My partner and I moved into a privately rented flat 2 months ago. We really get on with our landlady and are good tenants. The property is always spotless, bills are always paid on time and we really do look after our home. Debate with Landlady – Right to have a pet

When we moved, we were asked by the letting agent if we had a pet. (At the time) the answer was a no. They confirmed that their ‘standard’ clause was ‘no pets’, however there is a clause that states we could have a pet with the landlord’s written consent (and this can be broken at any time).

I called the letting agent as my partner and I have decided that we would really like a kitten. We have both had experience in owning a pet and my other half is at home everyday (he works a couple mins away from our flat).

I e-mailed our landlady to ask if it would be possible to have a kitten. Initially, she said no due to the above standard clause. I then pointed out that in black and white on the tenancy agreement, (directly underneath the ‘no pets’ clause, ironically), it states that if the landlord gave written consent, we could keep an animal.
She then responded by saying she will speak to the Management company as this is a separate contract and will come back to me 🙁

So I’m a bit annoyed, and very upset. This is HER contract and we signed the agreement which stated that we could have an animal with written consent.

Landlords/Tenants, I would really appreciate your advice as to where we stand!

Extra bit of info – She is coming over early next week to do an inspection, which we are not worried about in the slightest and we have agreed that we will advise her if the answer is a ‘no’, we will be moving as this would have affected our initial decision.

Regards

Lala Roto



Comments

Matt Wardman

4:14 AM, 21st October 2014, About 8 years ago

Hi Lala

Straight "No pets" clauses are not allowed under OFT Unfair Contract regs because they are held to be 'unreasonable', since circumstances may arise in which it is reasonable to have one. If the clause then falls you could have a camel or a baby elephant (subject to Local Council License).

So it is difficult to be that clear cut at the start.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf

Next time perhaps look for an unfurnished let so that LL would not have furniture at risk. They could, however, request a sizeable Pet Deposit instead.

If it was a furnished property I would be very worried about young kittens if I didn't really know the tenant. An older cat of known non-scratching provenance might be easier, or a cat that perhaps had access only to the kitchen/conservatory, or a house without carpets downstairs.

If a pet does go wrong, and a house gets wrecked, it can easily cost £5000 or more, so it's all about reducing the LLs perceived risk.

Matt

lucas lucendo

20:01 PM, 21st October 2014, About 8 years ago

Reply to the comment left by "Matt Wardman" at "21/10/2014 - 04:14":

Having been a Landlord for 10 years I have had a relaxed attitude towards pets allowing dogs and cats where the accommodation is appropriate. However my views have changed and from now on we have decided no pets.One reason is that if any maintance is necessary,it is difficult to get entry.The tenant has to be there to look after the dog,which can mean unsocial hour visiting or weekend visiting.Another reason is their mess,which can pile up in the garden despite my requests to pick it up,and lawns are genuinly ruined.Another reason is the smell of pets because the tenants fail to ventilate the property.Some tenants feel that because one has taken an additional deposit and post tenancy cleaning stipulation they can have another pet,or more.So one dog becomes two,then a cat. "I thought you wouldnt mind " has been a common phrase. Another point are the animal hairs clinging to walls,kitchen units,and stairwells. Yes,we have had our fill of pets,and from now on no more thank you.

Chris Brown

10:51 AM, 7th November 2014, About 8 years ago

Reply to the comment left by "Mark Alexander" at "08/10/2014 - 09:45":

Don't be so easy with Goldfish.

We had a tenant with beautiful Goldfish. Then he started to breed them. {this is wehn his girlfried left]. Huge tanks everywhere, humid flat [water temp 22-23deg F] Delapidation of wallpaper and fittings. Then he forgot he was refilling his tank while on the phone. Luckily for him, the 2y [acoustic] ceiling we had installed in the flat below only dropped an inch under the weight of water, which we were able to push back up and re-attache to the framing. [Plasterboard screws don't work in wet plasterboard]. The water also damaged the building all the way down to the ground floor. Of course - we hadn't asked for insurance for goldfish. We do now.

Adrian Bond

17:18 PM, 13th October 2015, About 7 years ago

Hi Everyone.

i have been reading this post with great interest. A tenant and her Boyfriend have recently moved into my property (they are now entering their second month of a 12 month agreement) and seem sound and friendly - fingers crossed.

However, they have just asked permission to have a rescue cat at the property. The property itself is furnished, a ground floor flat with enclosed courtyard access outside but no scope to add a cat-flap (the rear door is fully glazed and less than 2 years old).
i also own a portion of the freehold and know the other co owners wouldn't have an issue.

i am happy for them to have a cat, but as the tenancy has already started how do i propose a "animal" deposit for cleaning and damage should it occur? The current deposit is lodged with the TDS as normal and i don't think i can give this back and start a larger one until the 12 months is up / tenancy is completed. can i start a separate secondary deposit for the animal only?

any help / ideas would be appreciated.
cheers
Adrian

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