Click here to read the full article: How to protect your rental property from pets
Scott’s article has been reproduced below with kind permission.
Whilst discussing how to assess pet requests, Scott comments:
While the Renters’ Rights Act gives private tenants the legal right to request a pet, landlords can still refuse if it is “reasonable to do so”, according to Scott Goldstein, of solicitors’ Payne Hicks Beach.
He said: “Reasons for refusing might be that the property is too small for the pet in question. A tenant asking to keep a pet must make a written request. The landlord should respond by finding out more about the pet, such as what breed it is, how big it is, and how much room it might need.”
However, as this law is new, it’s not yet known how any refusals and subsequent appeals will be interpreted by the courts.
Mr Goldstein added: “It’s not known whether, for example, it would be reasonable for a landlord to refuse to allow a tenant to keep a breed of dog which is well-known for causing damage.”
Once you’ve received a pet request, you must respond – in writing – within 28 days. If the property you own is leasehold, you may need to ask permission from the freeholder for a pet to be kept in the property.
Whilst discussing what happens if a pet causes damage, Scott comments:
“The tenancy agreement should make clear that the cost of remedying pet damage can be recovered through the deposit.
“The landlord should carry out an inventory at the start of the tenancy, so that it can attribute property damage to the tenant, whether the tenant’s pet or otherwise. The maximum deposit a landlord can take is five weeks’ rent – or six weeks’ where the annual rent for the property is £50,000 or more.”
Note that if you are deducting costs from a tenancy deposit you can’t put in an insurance claim for the same damage.
For further information, please contact Scott Goldstein, Partner in the Litigation, Arbitration & Dispute Resolution department, or alternatively, telephone 07904 916 241.
