Debate with Landlady – Right to have a pet

[LalaRoto]

Hi there,

My partner and I moved into a privately rented flat 2 months ago. We really get on with our landlady and are good tenants. The property is always spotless, bills are always paid on time and we really do look after our home.

 

 

When we moved, we were asked by the letting agent if we had a pet. (At the time) the answer was a no. They confirmed that their 'standard' clause was 'no pets', however there is a clause that states we could have a pet with the landlord's written consent (and this can be broken at any time).

 

 

I called the letting agent as my partner and I have decided that we would really like a kitten. We have both had experience in owning a pet and my other half is at home everyday (he works a couple mins away from our flat).

 

 

I e-mailed our landlady to ask if it would be possible to have a kitten. Initially, she said no due to the above standard clause. I then pointed out that in black and white on the tenancy agreement, (directly underneath the 'no pets' clause, ironically), it states that if the landlord gave written consent, we could keep an animal.

She then responded by saying she will speak to the Management company as this is a separate contract and will come back to me

 

 

So I'm a bit annoyed, and very upset. This is HER contract and we signed the agreement which stated that we could have an animal with written consent.

 

 

Landlords/Tenants, I would really appreciate your advice as to where we stand!

 

 

Extra bit of info - She is coming over early next week to do an inspection, which we are not worried about in the slightest and we have agreed that we will advise her if the answer is a 'no', we will be moving as this would have affected our initial decision.

Edited October 8, 2014 by citizenB
formatting

[citizenB]

 

So I'm a bit annoyed, and very upset. This is HER contract and we signed the agreement which stated that we could have an animal with written consent.

 

 

However, it doesn't actually say that consent, written or otherwise WOULD be given.

[LalaRoto]

I understand that, but she didn't say yes or no.

There is now the issue that if the Management company categorically say NO, we never would have had this option in the first place, yet we didn't know about it.

[BRIGADIER2JCS]

I understand that, but she didn't say yes or no.

There is now the issue that if the Management company categorically say NO, we never would have had this option in the first place, yet we didn't know about it.

 

 

The statement in the tenancy agreement is a common one as is the " with the LLs written agreement" just because that is there does not mean the LL must agree to you request.

 

 

Given that the property rented is a flat there could be concerns of the suitability of the premises for keeping any pet, hygiene being the main one quoted in such matters.

 

 

The only "option" is obtaining the written agreement and this does not confer any right to be granted said permission.

[LalaRoto]

Hi there, thank you for your reply.

Likewise as with the response from citizenB, I am aware of this, she has the right to say no, of course! What my issue is that by her checking with another company means she does not have the final say, which we were led to believe she does!

[BRIGADIER2JCS]

Hi there, thank you for your reply.

Likewise as with the response from citizenB, I am aware of this, she has the right to say no, of course! What my issue is that by her checking with another company means she does not have the final say, which we were led to believe she does!

 

 

I would say that the LL is seeking advice from the agent, as to the viability of allowing a pet in the flat.

 

 

The LL has an absolute right to seek such advice from any source.

[Steve__M]

There is perhaps not that much point in being annoyed with the landlady.

 

Most people use standard contracts as drawing up a specific contract that takes into account specifics of each agreement is expensive. The "No pets unless written agreement (not to be unreasonably withheld)" is pretty standard.

 

Even allowing for this, it is difficult for landlords and agents to anticipate a tenants future needs at the start of a tenancy without giving a long list of which pets can and can't be had.

 

As someone who nearly trod on cat sick on my stairs yesterday, a cat in a flat is surely always going to be a potential issue for your neighbours isn't it? Unless you are on the ground floor with direct access to a garden.

[LalaRoto]

Thanks for the replies.

 

 

I completely get what everyone is saying and understand your points.

I'm annoyed that what I've signed in my tenancy agreement as a possibility(the clause that states we could have a pet with the landlord's written consent) is apparently void, as it is not the LL's decision, it is the Management companies (hence her asking them).

 

 

That is my issue, as this would have affected our decision to move into the flat.

[BRIGADIER2JCS]

Thanks for the replies.

 

 

I completely get what everyone is saying and understand your points.

I'm annoyed that what I've signed in my tenancy agreement as a possibility(the clause that states we could have a pet with the landlord's written consent) is apparently void, as it is not the LL's decision, it is the Management companies (hence her asking them).

 

 

That is my issue, as this would have affected our decision to move into the flat.

 

 

I don't think that the clause is in anyway indication a probability of permission being granted.

 

 

Also there is no indication that the granting of permission is not the sole right of the LL.

 

 

The LL stating that she would discuss the application with the agent in no way indicates that the final decision is not hers as said previously she is seeking advice which she may or may not act upon, a totally reasonable course of action.

[LalaRoto]

 

 

I don't think that the clause is in anyway indication a probability of permission being granted. - I understand this.

 

 

Also there is no indication that the granting of permission is not the sole right of the LL. - She said she will need to check with the Management Company, I would assume if this is her decision, she could have provided a yes or know answer?

[BRIGADIER2JCS]

 

 

I don't think that the clause is in anyway indication a probability of permission being granted. - I understand this.

 

 

Also there is no indication that the granting of permission is not the sole right of the LL. - She said she will need to check with the Management Company, I would assume if this is her decision, she could have provided a yes or know answer?

 

 

The LL is as said seeking advice from a professional letting agent, and this agent may well have information on how "pets" have been accepted/rejected/ been complained about in the property a reasonable course of action I think.

[biggeorge]

I would personally just wait and see what the actual answer to having a pet is.

 

If you get a no answer and you really want a pet then that would be the time to give

your notice to quit.

Find an alternative property that will allow you to have a pet.

 

We have always struggle with this as we have 3 staffs and tried to move to a smaller property

last year, 4 bedroom through terrace to a smaller 4 bedroom, help cut down the bills.

The place was perfect, we loved it the moment we walked in, great large garden, only problem

was no pets allowed and landlord would not budge when it was 3 staffs, even though they are trained

and haven't chewed anything since been puppies.

 

We lost a good house but he also lost a good tenant, End of the day its their property and some feel that

pets will ruin the place, smells, damage etc..

 

George

[LalaRoto]

Thanks George.

 

 

I will anxiously now just wait for the decision, but I must be honest, I am slightly confused by our LL's actions & responses:

 

 

- I e-mailed the letting agents to query the possibility of a kitten on Sunday morning & CC'd in our LL.

- Monday afternoon I had no response from either of them (& normally they are both very quick to respond. As I said, we get on really well and myself and my partner are good tenants).

- I called the Letting Agents and our contact said (without mentioning the kitten), that the LL wants to inspect the property. Fair enough! It was confirmed that the LL will contact me to arrange her inspection.

- I mentioned the kitten question to the letting agent and she said although there is the no pets clause in the tenancy agreement, (which I quoted in my original post), I should ask the LL when she comes to inspect as she can 'override this'.

- Yesterday afternoon, LL e-mails me to book in the inspection.

- I reply stating all is great, timing is fine etc. and again query the kitten.

- She initially says no (BUT due to the fact the tenancy clause says no pets, not because of her choice).

- I point out clause xxx, if she would provide us with written confirmation of agreement, the tenancy agreements states we could house a kitten.

- She then responds saying she will check with the Management company this week & will come back to me.

 

 

Eeeek! But I can't help but think isn't the inspection too much of a coincidence...

 

 

Thoughs please?

[BRIGADIER2JCS]

Thanks George.

 

 

I will anxiously now just wait for the decision, but I must be honest, I am slightly confused by our LL's actions & responses:

 

 

 

 

 

- I e-mailed the letting agents to query the possibility of a kitten on Sunday morning & CC'd in our LL.

- Monday afternoon I had no response from either of them (& normally they are both very quick to respond. As I said, we get on really well and myself and my partner are good tenants).

- I called the Letting Agents and our contact said (without mentioning the kitten), that the LL wants to inspect the property. Fair enough! It was confirmed that the LL will contact me to arrange her inspection.

- I mentioned the kitten question to the letting agent and she said although there is the no pets clause in the tenancy agreement, (which I quoted in my original post), I should ask the LL when she comes to inspect as she can 'override this'.

- Yesterday afternoon, LL e-mails me to book in the inspection.

- I reply stating all is great, timing is fine etc. and again query the kitten.

- She initially says no (BUT due to the fact the tenancy clause says no pets, not because of her choice).

- I point out clause xxx, if she would provide us with written confirmation of agreement, the tenancy agreements states we could house a kitten.

- She then responds saying she will check with the Management company this week & will come back to me.

 

 

Eeeek! But I can't help but think isn't the inspection too much of a coincidence...

 

 

Thoughs please?

 

 

There is no "right to keep a pet on rented property.

 

 

I think you read too much into the LL consulting the agent a sensible course of action for her.

 

 

I would certainly inspect a property prior to allowing a pet to kept, purely to ascertain the current condition and to be able to make a comparison on the next inspection.

[defaye]

Management company may not be referencing the letting agents as your posts suggest. This could be the management company for all the flats which is totally different and can have it's own set of rules which your landlord as an owner would have to abide by. This would also explain her saying it's a separate contract.

 

Either way, you've made the request. You'll just have to wait and hear the outcome.

[raydetinu]

Also, it is not uncommon for LL to say you can keep pets but will require a higher or additional deposit to offset potential damage/repairs being required.

This maybe one reason why she is checking with the Agent? You could perhaps offer this to the LL to help let you keep a pet.

It is difficult sometimes to find a suitable property that will accept pets but not impossible, so be prepared to pay that extra deposit.

[hightail]

 

Management company may not be referencing the letting agents as your posts

suggest. This could be the management company for all the flats which is totally

different and can have it's own set of rules which your landlord as an owner

would have to abide by.

 

Exactly and she probably needs to check specifics. There are blocks of flats where it's fine to have a fish tank or a hamster but cats and dogs aren't allowed.