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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