I have had severe losses thanks to tenants’ wild dogs. The new rules say I cannot refuse pets without good reason. However if the deeds specify no pets, that’s ok. So now I’m thinking I might amend my deeds to include a “No Pets” covenant. Should be a one off solicitor cost of £2-300, then have it removed if I sell. Has anyone else considered this?
For leasehold properties if freeholder/managing agent wont permit pets to owner occupiers then you are allowed to refuse pets. Assuming your property is freehold then i dont see how you can use this exemption.
You can’t argue with a covenant. The freeholder of apartments is the same as any other freeholder, they make the rules.
See page on this ‘Renters’ Rights Act: Pets in rental properties: Your FAQs’. (Nrla)
Also
Renting with Pets: The Upcoming Changes Agents Can’t Ignore Renting with Pets: The Upcoming Changes Agents Can’t Ignore
2. They make clear the RRA does not oblige you to break a higher lease, so yes if the head lease does not allow pets that is straightforward. (I can’t see a court forcing leaseholders who are also the freeholder to amend the lease as that would seem to be contrary to RRA but @David122 may have a view)
(Excerpt from nrla)
“I let out a flat in a block to my tenants. In my lease with the freeholder, they do not permit animals of any kind at the property. I’m confused. Do I have to accept pets now?
No. In situations where you are prevented from allowing pets at the property by a superior lease, you would not be expected to allow tenants to get a pet. In this instance you would be able to advertise the property as not suitable for pets because of this. The law does not require you to put yourself in breach of your head lease.”.
- You may judge the property is not suitable eg too small
“When you can refuse a request for a pet
It may be reasonable to refuse a request in some circumstances, such as:
another tenant has an allergy
the property is too small for a large pet or several pets
the pet is illegal to own
if you’re a leaseholder, and your freeholder does not allow pets”
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@Richard19 what about if owner/LL is freeholder and issues lease to yourself /LL and lease then has no pets clause.
Then the superior lease (to the property) says no pets and therefore the exemption in RRA applies
I think this is what @Soledancer intends
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Surely to get away with this, you’d have to have a separate freehold and leasehold for the property. If you just own the freehold then there isn’t a higher lease to be concerned with.
I suspect they need to have separate owners as well.
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A friend of ours has a covenant on her deeds stipulating that no chickens can be kept at the property. I presume if the covenant stated ‘no animals ‘ that would also be legally binding and would therefore be grounds to deny any pets being kept.
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… which covenant amendment to the deeds will be dated at roughly the same time the RRA required you to not unreasonably refuse pets.
Don’t think that’ll hold up if challenged legally.
I agree. I think that if challenged a court would see through it and you could get a big fine.
Can a LL charge an extra on the rent for animals ?
Hi, When i rented in France, i use to pay a yearly insurance, against any damage done by pets/people, it was mandatory, no insurance no tenancy.
Not specifically for pets requested
(only in general you charge more for being pet friendly or if you renegotiate for a new tenancy agreement). According to nrla
“Can I increase the rent if a tenant requests a pet?
Rent can only be increased when offering a new agreement, or through use of the section 13 process, so you can’t increase the rent because a pet is requested during a tenancy. For further information on how to increase the rent, see our managing rent payments after the Act page.
However, while you can’t increase the rent during a tenancy, being a pet-friendly landlord can help to make your property more attractive to tenants. Pet friendly tenancies are in demand, and may allow you to charge a higher rent when marketing for a new tenancy.”
@Julie74 don’t think you can insist on pet insurance if pets requested, due to RRA.
See Pet insurance withdrawn from Renters’ Rights Bill | Propertymark
But if you advertise allowing pets you can maybe charge a higher rent including cost of such insurance just like if you advertise allowing 2 adults you would allow more for wear n tear than if a sole occupant.
Good luck
Yes i have had this. The dogs had a litter. puppies urinated and defecated over superb carpets. Had to replace all the carpets lost £1,000’s.
Maybe in your pre selection questions ask about pets and de select quietly. Personally i dont allow dogs in flats but do in gardened houses. Once a tenant is in a house you cant do much about it to be honest
We have little control over our assets anymore and any private landlord needs to seriously consider selling when a tenant vacates now. Personally i think the RRA had tipped it heavily in favour of selling any rental property
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