Letting to tenants with pets

By Tessa Shepperson, solicitor.

Introduction

They say that almost half the population in Britain has a pet of some sort.  However most landlords and letting agents routinely prohibit pets in their properties.  The main reasons for this are the potential damage that pets could cause to the property, the risk if flea infestation, and the potential costs and additional work involved in preparing it for a new tenant after the  departure of the pet owning tenant. 

However, the majority of pet owners are law abiding people who look after their pets responsibly.  Consider:

• 78% of pet owners, according to a recent survey by the Dogs Trust, have experienced difficulty in finding accommodation which accepts pets
• 54% were never able to find a suitable property, and
• 8% had to rehome their pet

This means that landlords who permit (suitable) pets will have a much larger pool of potential tenants to choose from. 

Note: Information in this article is reproduced with the kind permission of Dogs Trust. For further information on Dog Trust’s Lets with Pets® campaign, please go to www.letswithpets.org.uk

Is renting to pet owners an option for your property?

This is the first thing to consider.  If the property is leasehold, you will need to check your lease to make sure that pets are allowed.  If they are, then you should be entitled to let to tenants with pets. 

If the lease prohibits pets, then you would need to get your lease changed first.  You could have a word with your freeholder about this.  If the property is in a large block of flats, getting the lease changed will be difficult, as the other leaseholders would have to be consulted.  If there are only a few other leaseholders though, particularly if you all also own part of the freehold, you may be able to get agreement, in which case you would need to get a solicitor to deal with the amendments to the leases. 

If the property is freehold there is far less likely to be a problem.  Some may have restrictive covenants prohibiting animals but these are rare and generally are aimed at farm animals such as pigs, rather than domestic pets. 

If there are no legal problems, you then need to consider:

1. whether you will allow pets at all.  If the answer to this is yes, you then need to consider
2. what types of pet you will allow.  Then
3. you need to consider each prospective tenant and his pet on a case by case basis

The most popular types of pet

This is not an exclusive list but most common types of pet you are likely to be asked about are as follows:

• Dogs are the most popular pet in the UK and are also the principle type of pet objected to by landlords.  One of the main things to avoid is dogs being left alone in the property for long periods as it is then that they are most likely bark and cause damage.  Before taking in a tenant with a pet dog, you need to find out whether this is likely to happen.   The Dogs Trust recommends that dogs are not left alone for more than four hours at a time.  You will also need to ensure that dogs have been properly vaccinated and are micro chipped. 

• Cats are also extremely popular pets.  However they are far less trouble than dogs. If a scratching post and toys are provided they are less likely to scratch furniture and carpets. 

• Birds are intelligent animals and need stimulation, for example with mirrors and toys.  They are also sociable and should not be kept alone unless their owner is with them for most of the day to keep them company.  It is illegal to keep a bird in a cage in which it cannot fully stretch its wings in every direction.

• Fish rarely cause problems, and therefore are often accepted by landlords who would not agree to other types of pet. 

• Small furry animals such as hamsters, gerbils, and pet rats.  They will need toys, chews, digging and nesting material, and (unless there enclosure is very large) supervised exercise outside their cage, as a wheel or ball alone is not sufficient. 

• Rabbits can be kept either indoors or outdoors provided they have suitable hutches.  They are ferocious breeders (and sometimes fighters) so it is probably best to have them neutered.  Be warned that they are also great chewers, so tenants should be told to keep them away from the TV and other wires and cables if allowed to run around inside. 

• Guinea Pigs should generally be kept outside in a cage and run.  They are not normally very interested in toys but will enjoy having lots of space to run around in and boxes and tubes to explore and hide in.  They should not be kept with rabbits as rabbits have powerful hind legs which can cause them injury. 

• Exotic pets include things like tortoises, lizards, spiders and snakes.  You need to be careful about allowing a tenant to keep these pets as they often require specialist care. 

Some other general points on pets.

Neglected or abandoned pets.  If you have reason to believe that the pet in your property has been abandoned, then you should contact an animal welfare organisation.  In England and Wales, this will probably be the RSPCA. 

Fleas and worms.  Pets that receive regular treatment rarely get fleas (according to the Dogs Trust guide).  It should be a condition of allowing pets prone to this, that they have regular treatment.    

Pet fouling and odours.   If owners have trained their pets properly, and litter trays are provided and the litter is changed regularly for pets kept inside, this should not be a problem.  This is something you can watch out for in your regular inspections.    

Tenants with pet allergies.  Many landlords are reluctant to take tenants with pets as this may affect subsequent tenants who may have allergies.  If the property has been adequately cleaned, vacuumed and aired properly after the pets have left this should not be a problem.  Note that if your property is an HMO with tenants renting individual rooms or living in close proximity, then if any of the tenants have been allowed to keep their pets, you need to make this very clear to prospective new tenants, preferably in writing, so they cannot say that you did not warn them. 

Checking prospective tenants with pets

1. Speak to them.  You should always discuss their pets in detail with prospective new tenants.

2. Take a reference.  Ideally you need to take a reference from a former landlord, where the tenant lived with his pet, or (if this is not possible)  from their vet. 

3. Meet the tenant with his pet.  This is a good opportunity for you to see for yourself what temperament the animal has and how well behaved it is.  Ideally you should see them in their current home.   

4. Carry out all other normal checks and referencing.   

5. Confirm that someone will  be willing to look after the pet(s) in case of emergency.   You will  need a name and address and contact details.   However before signing the tenant up, get in touch with this person yourself and just satisfy yourself that they are willing to do this.  Ideally you should get written confirmation. 

6. Consider the suitability of the pet for your particular property.  For example a small dog in a small house may be fine, but  not a large one. The fact that you have decided to allow tenants with pets does not mean that  you should accept every pet.  

Deposit and pet payment

It is generally accepted by tenants that a landlord will ask for a higher deposit where the tenant has a pet which is potentially destructive, such as a dog or a cat.  However note that the deposit should never be more than two months rent, or it will be classed as a ‘premium’.  This is undesirable as it could affect your right to prohibit assignments of the tenancy. 

If the pet is of a type where it is reasonable to assume that you will need to have the property professionally cleaned after the tenant vacates, it is generally acceptable to ask also for a non returnable pet payment, to cover the cost of this. 

Conclusion

If you are careful with your choice, there is no reason why tenants with pets should not prove to be excellent tenants who will look after your property well and always pay on time.  Even if the pet does cause some slight damage, or the property require extra cleaning on the tenants departure, if a larger deposit is taken together with a pet payment, hopefully you should not suffer any financial loss. 

As so many landlords routinely refuse pets, you will probably find that you have a far greater pool of potential tenants to choose from if you are willing to allow them.  Many pet owners are pleasant, responsible people who will make you excellent long term tenants. 

© Tessa Shepperson, June 2009

Tessa, a qualified solicitor,  runs the popular online service www.landlordlaw.co.uk.  Note that this now has a special tenancy agreement for letting to tenants with pets.  This provides for details of the pet, its vet, and the person who will look after it in case of emergency, and has special terms and conditions. 

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