Pets: How do landlords protect their properties?

Until now, landlords have been able to refuse tenants with pets, but from the 1^st of May, when the first of the Renters’ Rights Act (RRA) measures comes into force, there will be some changes.

From May, tenants will have the right to request a pet, and you won’t be able to refuse them without a valid reason, such as the property being too small to safely accommodate the type of pet.

However, it’s important to know that there are many reasons a landlord can decline a pet, and it’s a very difficult thing to prove and enforce.

Earlier drafts of the Bill included a provision for landlords to require that tenants either purchased their own pet damage insurance or be charged for the cost of the landlord taking out a policy. However, the House of Lords removed this obligation for tenants. Under the RRA as it stands:

• The cost of pet damage insurance becomes a “permitted payment” under the Tenant Fees Act.
• Landlords can request that tenants take out pet damage insurance or reimburse them for the cost but cannot legally require it.

Given that standard landlord insurance for the property is highly unlikely to cover damage caused by pets, it’s well worth considering having a specialist policy.

If you are one of the many landlords that already accepts pets, this change in the law won’t make much difference to you. There’s even good news in that you will soon be able to legally ask tenants if they will pay for - or at least contribute towards - the cost of pet damage insurance.

But if you have not previously accepted pets in your rental, from May you need to be prepared to accommodate them, and that might mean making some changes to the property.

Checklist

Here is a checklist if you are self managing to help protect both you and your investment under the new Act. Bear in mind that discrimination rules have tightened and maximum fines for breaking the law have increased, so it’s vital you understand your obligations and respect your tenants’ rights.

If we look after the property for you, these are the types of things that we will look at and take care of for you

• How pet-friendly is the property, given that dogs and cats are the most common pets?
  
  - Hard flooring is likely to be more resistant to scratches, stains, dirt and odours than carpets, so consider fitting it - especially on the ground floor.
  - If there are currently long curtains, it might be worth replacing them with shorter ones or blinds.
  - Is there somewhere suitable to clean/wash a dog?
  - If there is a garden, is it secure – e.g. is there a solid fence?
• Make sure your property adverts do not contain any ‘no pets’ wording.
• If an applicant or tenant requests a pet:
  
  - Obtain a pet reference from their previous landlord.
  - Meet the pet to assess its behaviour and suitability for the property.
  - Consider whether it would be appropriate or worthwhile making any specific changes to the property, e.g. fitting a cat flap.
• If you refuse an applicant with a pet, make sure you have clear evidence to show there was a valid reason for the refusal.
• Put a specific pet clause in the tenancy agreement that details the tenant’s responsibilities for things like:
  
  - Cleaning – particularly with regard to stains and hairs
  - Pest control – e.g. flea infestations
  - Repairing any damage caused by the pet, inside and outside
• If you feel additional pet damage insurance is necessary, ask the tenant if they would kindly either take it out themselves or cover the cost of you obtaining it. Remember that you cannot insist on this or refuse to accept the tenant because they won’t pay.
• Take a careful inventory on check-in and check-out, with particular attention to low-level stains and scratches.
• Carry out a property inspection within a month of the tenant moving in to check for any early signs of damage, followed by inspections every 6-12 months thereafter.

If you would like any advice about making your property more pet-friendly, or you currently self-manage and would like us to take over looking after a tenancy with a pet, we’re always here to help. Just contact your local branch and have a chat with one of our lettings experts.

Your Move Landlord Services