Tenant now has dogs

[fleming]

Our current tenant (since July) is looking after the property well and paying rent on time. The first quarterly visit to check the property went well, but I discovered afterwards that they have two dogs. I was told in July they had no pets and no plans to have pets. The tenancy agreement states that pets are not allowed unless permission granted (which will not reasonably be withheld) When the Agreement comes up for renewal in January, I wish to charge an extra £100 deposit which I have been told is a standard procedure if a tenant has animals. I may be anticipating a problem where there is none, but what do I do if the tenant refuses to pay the extra deposit? I am reluctant to lose an otherwise good tenant for the sake of £100, but don't want to appear a 'soft touch' if I let her stay on without the extra deposit. The house does not smell of dogs and the only current damage seems to be loosened panels on a fence and a patchy lawn. Comments welcome.

[Trenners]

Hi fleming,

You seem to have found a good tenant and you seem to be OK with them keeping dogs. So I would recommend that you tread carefully so that you don't unsettle / upset the tenants over this issue.

I wouldn't ask for anymore deposit - no-one likes handing over more money and that really isn't the issue anyway - but I would make the tenant personally liable for any damage that is caused by the dogs and I would ask them to have the carpets professionally cleaned at the end of the tenancy (and produce receipts on request).

The smoothest way to execute this is through a "pets clause". This clause simply overrides the clause in the tenancy agreement (that says that no pets are allowed), confirms what pets (eg: 1 x small bassett hound that never barks) you grant permission for them to keep and makes the tenant agree to pay for any damage caused by the pet and, at your request, have the carpets cleaned at the end of the tenancy.

Let me know if you would like a sample pets clause.

Best Wishes

Mark

[fleming]

Hi Mark,

I wondered if you would respond to this one. Yes, I would like a sample pets clause. I have a feeling the tenant won't need to use much of the £600 current deposit at the end of the tenancy anyway, but at least if she doesn't pay for professional carpet cleaning herself, I can use the pets clause to justify deducting the costs of any pet-related cleaning/repairs.

[Trenners]

Hi fleming,

I have attached the wording of a sample pets clause below (as others might like a copy as well). The clause will, indeed, allow you to make pet related deductions from the deposit.

Best wishes,

Mark

PETS CLAUSE

With reference to Clause 2.43 of the Tenancy Agreement between:

Percy & Norma Bloggs (The Landlord)

and

David & Samantha Smith (The Tenant)

The Landlord hereby notifies the Tenant of the following Regulation:

Notwithstanding the provisions of Clause 2.43 of the Tenancy Agreement, the tenant may keep pets described below upon the premises during the term PROVIDED THAT

The Tenant shall be absolutely liable for any damage whatsoever caused to The Property or the Furniture by the said pet(s) or as a result of the said pet(s) being upon The Property.

The pet(s) referred to: A small West Highland Terrier called Scottie

The property: 33, High Street, Swindon, Wiltshire. SN1 7EP

I/WE HEREBY AGREE TO BE RESPONSIBLE FOR ABSOLUTELY ANY DAMAGE DONE TO THE ABOVE PROPERTY BY ANY DOMESTIC ANIMAL KEPT AT THE PROPERTY AND UNDERTAKE TO HAVE ALL CARPETS AND CURTAINS PROFESSIONALLY CLEANED AND THE WHOLE PROPERTY PROFESSIONALLY DEINFESTED AND DEODORISED BY A REPUTABLE PEST CONTROL COMPANY AND ALL RECEIPTS PROVIDED UPON VACATION IF REQUESTED.

The Tenant acknowledges receipt of this notices and agrees to abide by the above Regulation.

SIGNED

……………………………………………………………………(Tenant) Date……………………

AGREED BY THE LANDLORD

Signed…………………………………………………………………………………………………….

[LadyLea]

personally - I would chill out and back off - if they didnt have a pet they would be smoking, if they didnt smoke they would be using it for a business, if they didnt use it for business they would not pay rent ...... at the moment you get your money .....

dont let it worry you - this is and investment not a personal issue.

If they damage the property, if you had to take them to court you can quote that they did not get permission.

The only thing I would even concider doing - was drop them a note saying that you are aware they are keeping pets without permission, and whilst you still have not given permission, you expect for any damage done to be put right.

Pretending you didnt know during the tenancy - wont work at the end.

[fleming]

Thanks Trenners for pets clause. As for Ladylea, I think if you had just had the previous tenant we had, you would not even be suggesting 'chilling out'!!