Does dog clause stack up legally?

Does dog clause stack up legally?

by Readers Question

Guest Author

8:56 AM, 28th May 2020, About 4 years ago 27

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I have new tenants who indicated they may want to keep a dog at the property for which we would make an additional charge in the form of a higher monthly rent.

The tenants decided not to go with it at the start of the tenancy, so we added a clause in the AST stating it was an option to add a dog by informing us, at which point the additional amount would apply. The additional amount was indicated in the clause.

My question is, does this stack up legally or could it come back to bite me?

The tenant now has a dog and has said they will pay the additional amount as agreed.

The tenancy is in month 7 of a 12 month agreement.

Many thanks

Hardworking Landlord

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Mark Smith Head of Chambers Cotswold Barristers

9:06 AM, 28th May 2020, About 4 years ago

This is a useful source of support HL.
Probably better to use email if their dog's attitude to the postman is anything like ours.

david porter

9:52 AM, 28th May 2020, About 4 years ago

We generally take the view that a dog causes as much damage or as little damage as children.
We do have a clause in the AST about heavy duty cleaning at exit.

Tessa Shepperson

9:54 AM, 28th May 2020, About 4 years ago

We have had a 'pet form' for years which our members can use if they allow tenants to keep a pet - which will amend the tenancy agreement to include various pet-related clauses to protect the landlord's position.

You can read about this here:

paul kaye

10:02 AM, 28th May 2020, About 4 years ago

I am so tired of being told what I can or can not do or enforce in MY property.
I have put a lot of money into my properties and want them looked after,not damaged etc.
The government should keep their nose out !!!!!!!!!! I am not breaking any laws and it should be the owner who decides,if pets are allowed and what extra costs etc.
The government does not pay my mortgages,expenses,damages,insurance,loss of rent etc

Chris Wheelwright

10:23 AM, 28th May 2020, About 4 years ago

To Paul -I am a landlord of over 30 years standing I have to say I think you have the wrong attitude. Once a tenant is in legal occupation and paying rent it is THEIR home. I think it is right that a landlord should not be able to unreasonably restrict that use. No doubt some other contributors will disagree !

Simon Williams

10:25 AM, 28th May 2020, About 4 years ago

If the dog is like the one in the picture, I would allow it.

Dylan Morris

11:01 AM, 28th May 2020, About 4 years ago

So anybody able to give a quick answer the Reader’s Question does it stack up legally ?

London Landlord

11:05 AM, 28th May 2020, About 4 years ago

A landlords attitude towards dogs is shaped by their experience. I never had an issue with tenants having dogs until one tenant moved two very large dogs into the property after the tenancy started. I allowed them to stay as didn’t feel I had much choice however when the tenants left the dogs (which were generally kept outside) had badly damaged the (new) upvc window frames and rear door with deep gouges in frames ( from nails) and the edges of window cills chewed off. I’ve had other less serious but equally frustrating damage caused by both cats and dogs which tenants never fully compensate for. (New carpets needed caused by scratching surface away or so many matted hairs it was impossible to professionally clean, unauthorised pet flaps cut into new upvc doors, I could go on!)

Seething Landlord

11:06 AM, 28th May 2020, About 4 years ago

Reply to the comment left by Dylan Morris at 28/05/2020 - 11:01
Without a full review of the tenancy agreement wording, who knows?

terry sullivan

11:13 AM, 28th May 2020, About 4 years ago

there is unfair contract terms legislation--what if freeholder of flat says no pets--council ha private?

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