"No pets" rule

asda-runner

Little bit of background...I live in a rented flat. We rent through an agency in Scotland working on behalf of a landlord in England. One part of the Tenancy Agreement states:

19. PETS
The tenant agrees not to keep any animals or pets in the accommodation without the prior written consent of the landlord. Any such consent will not be unreasonably withheld. Any pet (where permitted) will be kept under supervision and control to ensure that it does not cause deterioration in the accommodation, deterioration in the condition of common areas, nuisance to neighbours or in the locality of the property.

So, I emailed the agency (as we've never even spoken to the landlord directly) asking permission to have a dog. The response I got back was "Sorry, not pets allowed" - nothing more. Have they broken the Tenancy Agreement by unreasonably withholding consent? What can I do???

Thanks in advance.

uk_property_expert

From a landlords point of view if a person renting a property had a pet it is very difficult to remove the smell from the carpets no matter how clean the property is. We charge (I run a letting agency) a pet deposit and charge a £10.00 per month premium for the land lord. Why dont you write back offering a pet deposit and a extra £10.00 per month rent. Are their any pet restrictions in the block you are in as that may be the case and the agent may just have a standard ast hence the wording

asda-runner

uk_property_expert wrote: »

From a landlords point of view if a person renting a property had a pet it is very difficult to remove the smell from the carpets no matter how clean the property is. We charge (I run a letting agency) a pet deposit and charge a £10.00 per month premium for the land lord. Why dont you write back offering a pet deposit and a extra £10.00 per month rent. Are their any pet restrictions in the block you are in as that may be the case and the agent may just have a standard ast hence the wording

Thanks for the quick response. No, no other restrictions. Several of my neighbours own dogs. I will try offering the extra deposit/rent. Is there anything else I can do if they still refuse?

Suzy_M

asda-runner wrote: »

I live in a rented flat. ....
to have a dog.

Sorry but but a dog in a flat is never a good idea - despite what your neighbours may do.

Maybe leave getting a dog until you've moved on to a property with its own outside area.

Fire_Fox

The letting agency are not your landlord, it is not their property and they cannot give you permission to keep a pet. If you wish to change the terms of your AST you need to deal with the landlord directly. However, many long leases (the legal document your landlord signed to buy the flat) will prohibit pets without consent of the freeholder, so it may be it is not within the landlord's powers to grant you permission.

I agree with SuzyM: dogs are not an appropriate pets for a flat, a puppy needs to be taken outside every half an hour to an hour when toilet training and adult dogs need more exercise than two walks per day. You are also living in a community and should consider that shedding from your dog may set of allergic reactions in other residents, and picking up your dogs poop does not sanitise the area. It is irrelevant how many neighbours own pets as they may be breaching their lease.

mlz1413

Many flats have restrications within the lease that pets may not be allowed or are only allowed if they do not make a noise between midnight and 6am.

It maybe that your neighbours have got the dogs and the management co are either unaware or not bothered. If unaware there is a chance they will find out and issue warnings/take action. If they are not bothered then what else are they not bothered about - maintenance?

As you only rent then you are mainly bound by the AST, the clause you have set out appears to be standard and the agency may well consider the fact you are in a flat is reason to withold consent.

If you really want to push this matter you could ask the LL direct in writing.

g_attrill

Might it be that certain pets are considered appropriate for tenants to have certain properties - ie. a cat or caged animal is ok in that property, but not a dog. For a house a dog might be ok for a tenant.

Owain_Moneysaver

You have to ask them why they are not granting consent, and if this is unreasonable then they are in possibly breach of the tenancy agreement, and the tenancy agreement itself may be in breach of the Unfair Terms in Consumer Contract Regulations, as a blanket prohibition on pets may be an unfair contract term. Such a term has been considered unfair under comparable legislation in another EU state because it could prevent a tenant from keeping a goldfish. A term prohibiting the keeping of pets that could harm the property or be a nuisance to other residents would be unlikely to meet the same objection. (Letlink Factsheet 10B)

Geenie

Unreasonably surely means that the LL/LA will give due consideration to the circumstances... and make a considered thought on the matter after deliberation. IE, not dismiss it completely out of hand, but allowed to do so if they think the circumstances are not suitable to the request!

If they have given it some thought and decided not to allow pets, they are well within in their rights I would think! The OP needs to move to somewhere that does allow pets. Flats are not ideal, and I wouldn't allow tenants to do so if I owned such a property.

HOWMUCH

Some pets can cause damage apart from smells in carpets etc