Propertymark – Government must understand the cost of pets to Landlords

Which could make flats with a pet restriction in the Head Lease a more attractive rental property for landlords than a house ?
The whole idea of having to accept pets is very bad news. For example a landlord takes on a tenant who has no pets, but six months down the line such tenant acquires six dogs !! Or 25 cats !! And there’ll be nothing the landlord can do about it.

Reply to the comment left by Dylan Morris at 07/07/2022 - 11:31
Dylan
You may have misunderstood what I meant. It is to be expected that the new rules will over-ride the restrictions in the head lease. The banning will not be adhered to but subject to a reasonableness test.

Landlords will still be able to object to pets if it is reasonable. A tenant's request to keep two large dogs in a one bedroom flat with common stairs and lifts may reasonably be refused but a hamster or goldfish or even a lap dog might have to be allowed.

Reply to the comment left by Ian Narbeth at 07/07/2022 - 11:49So what you’re saying Ian is a restriction in the head lease not to keep any dog, cat, bird, reptile etc. in the flat can be overridden by the new rent reform legislation. I find that absolutely incredible. And do you agree that there will be a situation therefore whereby a renter can have a dog but the owner occupier in the flat next door cannot ?

Reply to the comment left by Dylan Morris at 07/07/2022 - 11:58
Dylan
I think that unless the Government divides buildings and leases on some arbitrary basis it has to over-ride restrictions in head leases.

Otherwise owner occupiers will grant leases to a connected party with a pet ban and the connected party will grant the AST to the renter and say: "Sorry my lease prohibits pets."

Alternatively, where the owner occupier wants to keep pets, he will grant an AST to a relative who will apply to keep the pet.

Reply to the comment left by Ian Narbeth at 06/07/2022 - 12:36 PropertyMark are doing a better job of representing landlords, than the NRLA

You mean that the NRLA aren't just the Government mouthpiece?

well
some of our tenants would like us to deliver cooked breakfasts on Sunday.
Or supply a new Mercedes Benz
Or perhaps take their dog for a walk on rainy days?
What is the difference between one boa constrictor and seventeen?
How many rabbits is enough? Can you smell rabbit urine fro the railway station?

I have two tenancies with a dog in each. Both properties are small houses with secure gardens and being very well kept.

If a flat tenant asked for a pet I would carefully consider the suitability especially in relation to nuisance. My upstairs neighbour (owner) has a dog. It doesn't bother me but does bother some of my visitors. My agent has a pet clause that says any pet damage would not be included under wear and tear and must be made good. Thankfully so far I have no need to test it.

It's normal practice to have a secure garden if you have a dog (dog re-homing charities require this, for instance).
Will the Landlord have to foot the bill to provide suitable fencing and subsequently maintain it? Who is responsible if a dog subsequently escapes, maybe even attacks someone?

The issues with flats is a concern. I have two rental apartments in a development of around 100 units purpose built just over 10 years ago by Barretts. Lease restricts pets ie. dog, cats, birds, reptiles etc.
Most of the units are owner occupied but there’s a reasonable amount of rented ones. Now let’s say for example an owner occupier purchased their flat specifically because dogs were not allowed. She has a fear of dogs having been severely injured by one some years ago. Also she suffers from asthma and has allergies to cats and dogs, but especially dogs. Hence she purchased her apartment specifically because no pets were allowed in the lease.
Now she finds that a rental flat in the block has acquired a dog and this is now allowed because of the Rent Reform bill. A few weeks ago another flat became rental and there’s now two dogs in the block, one is an unfriendly and nasty German Shepherd. She is now having to pass dogs on the stairs and the communal areas. The tenant is not cleaning the dogs feet after walking hence mud is being deposited on the communal carpets. Her asthma is now getting worse. She’s spoken to the landlord and he’s not happy but explains he has no choice and cannot do anything about the dog. In fact the tenant has now acquired a second dog, only a small Jack Russell from a rescue home, but it’s very yappy causing lots of noise. Landlord says he wants to remove the tenant but can’t do anything as recourse to Section 21 is no longer available. Landlord does not have the financial resources to take the tenant to Court due to anti social behaviour. In fact the specialist eviction firm he’s been talking to has said it will cost many thousands of pounds and it’s very unlikely in their experience a Judge will give a possession order in these circumstances. So their conclusion is very little can be done.
A few days ago another tenant in the block has acquired a parrot. It’s squeaking day and night and annoying the hell out of everybody, even the tenant with the two dogs. The parrot is also swearing like a trooper, having been taught to use bad language by the tenant who the landlord couldn’t refuse to take on, even though the tenant is on benefits and the landlord had to grant the tenancy as the applicant was being assisted by Shelter and was threatening discrimination regarding his disability income (bad back) which was not being looked at favourably by the letting agency.
A resident has complained to the block management company who have explained that there’s nothing they can do because the residents are tenants and not owner occupiers. The lady who purchase her flat specifically due to the restriction on pets can’t live there any more and has had no option but to put it up for sale. I’ve told her to write to Mr Gove the Levelling Up minister but he’s recently resigned along with another 59 of his colleagues. There’s nobody running the department now.