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CPhoenix
31-01-2008, 23:08 PM
Hi, I would like to renew a AST Agreement with a T, and whilst nothing else has changed - they have advised they would like to keep a pet.
Personally, I have no objections to this (as long as there is no (or will pay for any) damage, I do trust the T to keep their end of the agreement) and would like to create a Pet Agreement to allow it despite the AST saying otherwise.
Unfortunately, I haven't been able to find any agreements available FOC, so I've amended this one from a website in the US.
Hopefully, it covers all the requirements but I was hoping if someone could have a blitz through and highlight any points which are wrong or could cause a problem? Of course, if all is well with the agreement below anyone can utilise this if there isn't a better one already available.

Cheers

CP


Pet Addendum
(Addendum to Assured Shorthold Tenancy Agreement)
THIS AGREEMENT is hereby attached to and made a part of the Assured Shorthold Tenancy Agreement dated ________________, 20______,
by and between
__________________________________________________ ________________________________________,
the Landlord/Agent,
and
__________________________________________________ ________________________________________,
the Tenant,
for the premises located at
__________________________________________________ ________________________________________
__________________________________________________ ________________________________________.
WHEREAS, the Tenant desires to keep a certain pet(s) described below on the said premises and the Assured Shorthold Tenancy Agreement specifically prohibits allowing pets on the premises; the Assured Shorthold Tenancy Agreement is hereby amended to grant such permission to the Tenant. In exchange for this permission, the Tenant agrees as follows:
1. To pay additional rent in the amount of £_________ per month;
2. To deposit with the Landlord/Agent a "Pet Deposit" in the amount of £________ which shall be held as security for the faithful performance of this Pet Agreement,
3. To keep the pet(s) from causing any annoyance or discomfort to others and to immediately remedy any complaints concerning the pet;
4. To keep the pet(s) from damaging any property belonging to the Landlord/Agent or others;
5. To immediately pay for any injury, damage, loss, or expense caused by the pet(s) (In this regard, it is expressly understood that at no time shall the Tenant apply any part of the Pet Deposit towards such amounts due, but rather, the Tenant shall make restitution immediately and separately from the Pet Deposit. It is further understood that such restitution shall be made over and above any rent paid in accordance with Item #1 of this Pet Agreement.);
6. To keep the pet(s) under control at all times;
7. To keep the pet(s) restrained, but not tethered, when it is outside of the dwelling;
8. Not to leave the pet(s) unattended for any unreasonable periods;
9. To hold the Landlord/Agent harmless from all liability arising from the Tenant’s ownership or keeping of the pet(s), including but not limited to any liability resulting from the Landlord/Agent turning said pet over to local pet policing authorities should the pet be found unsupervised;
10. To dispose of the pet’s droppings properly and quickly;
11. Not to leave food or water for the pet(s) outside of the dwelling;
12. Not to keep the pet’s offspring on the premises for longer than 8 weeks after birth;
The permission granted herein shall be limited to a certain pet(s) named __________________________ and described as follows:
Type of Pet ___________________ Breed ______________________________________ Color ___________________________
Full grown Weight ____________________________
Full-grown Height _________________________________
Should the Tenant fail to comply with any part of this Pet Agreement, the Landlord/Agent reserves the right to revoke permission to keep the pet. In such event, the Tenant agrees to permanently remove the pet(s) from the premises within 48 hours of receiving written notice thereof from the Landlord/Agent; failure to comply with same shall be grounds for immediate termination of the Assured Shorthold Tenancy Agreement.
THIS AGREEMENT is made in duplicate on this __________day of _______________________, 20_____.
___________________________________________
Tenant ___________________________________________
Landlord
___________________________________________
Tenant ___________________________________________
Agent

Bel
01-02-2008, 00:04 AM
See comments in red below.

You have a right to reclaim any damage caused by the pet, but you will probably not get possession if your tenant decides to break some of your rules. Only a s21 (which requires no reason to be given) will work to end the tenancy. Its helpful to have rules though.

If you charge more rent, then this must allow for extra wear and tear caused to the property by the pet...you will not be able to claim off the deposit as well.


Hi, I would like to renew a AST Agreement with a T, and whilst nothing else has changed - they have advised they would like to keep a pet.
Personally, I have no objections to this (as long as there is no (or will pay for any) damage, I do trust the T to keep their end of the agreement) and would like to create a Pet Agreement to allow it despite the AST saying otherwise.
Unfortunately, I haven't been able to find any agreements available FOC, so I've amended this one from a website in the US.
Hopefully, it covers all the requirements but I was hoping if someone could have a blitz through and highlight any points which are wrong or could cause a problem? Of course, if all is well with the agreement below anyone can utilise this if there isn't a better one already available.

Cheers

CP


Pet Addendum
(Addendum to Assured Shorthold Tenancy Agreement)
THIS AGREEMENT is hereby attached to and made a part of the Assured Shorthold Tenancy Agreement dated ________________, 20______,
by and between
__________________________________________________ ________________________________________,
the Landlord/Agent,
and
__________________________________________________ ________________________________________,
the Tenant,
for the premises located at
__________________________________________________ ________________________________________
__________________________________________________ ________________________________________.
WHEREAS, the Tenant desires to keep a certain pet(s) described below on the said premises and the Assured Shorthold Tenancy Agreement specifically prohibits allowing pets on the premises; the Assured Shorthold Tenancy Agreement is hereby amended to grant such permission to the Tenant. In exchange for this permission, the Tenant agrees as follows:
1. To pay additional rent in the amount of £_________ per month;
2. To deposit with the Landlord/Agent a "Pet Deposit" in the amount of £________ which shall be held as security for the faithful performance of this Pet Agreement, Any extra deposit has to go in tenancy deposit scheme
3. To keep the pet(s) from causing any annoyance or discomfort to others and to immediately remedy any complaints concerning the pet;
4. To keep the pet(s) from damaging any property belonging to the Landlord/Agent or others;
5. To immediately pay for any injury, damage, loss, or expense caused by the pet(s) (In this regard, it is expressly understood that at no time shall the Tenant apply any part of the Pet Deposit towards such amounts due, but rather, the Tenant shall make restitution immediately and separately from the Pet Deposit. It is further understood that such restitution shall be made over and above any rent paid in accordance with Item #1 of this Pet Agreement.);
6. To keep the pet(s) under control at all times;
7. To keep the pet(s) restrained, but not tethered, when it is outside of the dwelling;Isn't this covered in 6?
8. Not to leave the pet(s) unattended for any unreasonable periods;be more specific about unreasonable 1 hour? one day?
9. To hold the Landlord/Agent harmless from all liability arising from the Tenant’s ownership or keeping of the pet(s), including but not limited to any liability resulting from the Landlord/Agent turning said pet over to local pet policing authorities should the pet be found unsupervised;
10. To dispose of the pet’s droppings properly be more specific eg in the dustbin in a plastic bag and quicklywhat is quickly, within 2 days?;
11. Not to leave food or water for the pet(s) outside of the dwelling;food yes, no water ? very mean to dog.
12. Not to keep the pet’s offspring on the premises for longer than 8 weeks after birth;sounds like you want to encourage them to breed. I would say 'no breeding'
The permission granted herein shall be limited to a certain pet(s) named __________________________ and described as follows:
Type of Pet ___________________ Breed ______________________________________ Color ___________________________
Full grown Weight ____________________________
Full-grown Height _________________________________
Should the Tenant fail to comply with any part of this Pet Agreement, the Landlord/Agent reserves the right to revoke permission to keep the pet. In such event, the Tenant agrees to permanently remove the pet(s) from the premises within 48 hours of receiving written notice thereof from the Landlord/Agent; failure to comply with same shall be grounds for immediate termination of the Assured Shorthold Tenancy Agreement.Unenforcable and contrary to the law
THIS AGREEMENT is made in duplicate on this __________day of _______________________, 20_____.
___________________________________________
Tenant ___________________________________________
Landlord
___________________________________________
Tenant ___________________________________________
Agent

pcwilkins
01-02-2008, 08:57 AM
1. To pay additional rent in the amount of £_________ per month;

If you're renewing the AST, why not just increase the rent --- what's the point of having two types of rent?


3. To keep the pet(s) from causing any annoyance or discomfort to others and to immediately remedy any complaints concerning the pet;

What does this mean in practice? Suppose the dog barks one night and the neighbours complain? What does T have to do to "remedy the complaint", kill it? (the dog, I mean, not the neighbour)


6. To keep the pet(s) under control at all times;

What does this mean?


7. To keep the pet(s) restrained, but not tethered, when it is outside of the dwelling;

My thesaurus lists "restrain" as a synonym of "tether". Therefore what this clause is saying is that T must keep the pet restrained, but not restrained. Which is slightly confusing.


8. Not to leave the pet(s) unattended for any unreasonable periods;

Like Bel said --- what's unreasonable? It might be a day, for a dog --- or a week, for a goldfish!


9. To hold the Landlord/Agent harmless from all liability arising from the Tenant’s ownership or keeping of the pet(s), including but not limited to any liability resulting from the Landlord/Agent turning said pet over to local pet policing authorities should the pet be found unsupervised;

Is this basically saying that if LL/LA finds the pet without the owner, they can give it to "local pet policing authorities" (are there such things in the UK?) and T can't do anything about it? Seems a little harsh.


To dispose of the pet’s droppings properly and quickly;

What, even the goldfish's? What about cats?


11. Not to leave food or water for the pet(s) outside of the dwelling;

Frankly I'd rather have the food outside than inside. For a dog, anyway.


The permission granted herein shall be limited to a certain pet(s) named __________________________ and described as follows:
Type of Pet ___________________ Breed ______________________________________ Color ___________________________
Full grown Weight ____________________________
Full-grown Height _________________________________

How will you know the full-grown weight, if they get a puppy? What if it grows too big, do they have to move?


Should the Tenant fail to comply with any part of this Pet Agreement, the Landlord/Agent reserves the right to revoke permission to keep the pet. In such event, the Tenant agrees to permanently remove the pet(s) from the premises within 48 hours of receiving written notice thereof from the Landlord/Agent; failure to comply with same shall be grounds for immediate termination of the Assured Shorthold Tenancy Agreement.

There is no such thing as "immediate termination of the Assured Shorthold Tenancy", is there? This seems a bit of an idle threat --- what are you going to do if T leaves water for the dog outside, apply for a court order?

Seems to me that if you're renewing the AST, why not just remove the clause forbidding pets and insert a clause making T responsible for any damage caused by pets? Seems to me that would do the job. You can take an extra deposit too if you want. All these clauses about making sure that the pet doesn't cause a nuisance to others seems a bit over the top. Why do you care if pet annoys the neighbours?

Peter

CPhoenix
01-02-2008, 20:17 PM
See comments in red below.

You have a right to reclaim any damage caused by the pet, but you will probably not get possession if your tenant decides to break some of your rules. Only a s21 (which requires no reason to be given) will work to end the tenancy. Its helpful to have rules though.

If you charge more rent, then this must allow for extra wear and tear caused to the property by the pet...you will not be able to claim off the deposit as well.

Thanks so much for your reply, its really appreciated.

I agree that requesting an increased deposit, plus additional rent is rather unfair and unclaimable - so I'm just has happy going for an increased deposit.
If you are aware of a website where I can puchase an AST which includes a pet agreement, could you please advise rather than me fumbling around in the dark and hassling you for help. ;)

In the meantime, as far as breaking rules would it be possible to include the clause below that failure to comply is the same at not complying with the AST:


Any breach of this Pet Agreement by the Tenant, is understood as being a breach of the Assured Shorthold Tenancy agreement and can result in the Landlord seeking to regain possession of the property.

I've also modified the sections which you've commented on:

2. now includes that any additional deposit will be held as part of the 'Security Deposit' which will be part of the Tenancy Deposit Scheme.

7. has now been removed as you rightly pointed out its already covered.

8. includes the example "in excess of 24hours".

10. has been amend to state "as soon as possible" and "in a plastic bag in a refuse bin"

11. now states that the tenant should feed the pet(s) inside the property and not leave food outside. (no mention to water).

12. has been completely removed (as long as they dont damage the property I'm not really bothered).

Thanks again.

CP.

fallenlord
02-02-2008, 12:00 PM
you definately need to keep a pet agreement more simple - why not just a few lines confirming the type of animal and quantity, and a statement saying the permission can be withdrawn at your discretion?

Bel is right - you would need to register any pet deposit with a scheme, but if the purpose of the extra deposit is to pay for carpet cleaning, you can avoid registering it by simply giving an invoice to the tenant for the cost of carpet cleaning. As its a bill it wont fall foul of the regs.

johnboy
02-02-2008, 14:37 PM
I think you are over complacating the problem. If you want to charge higher rent just issue new contract with the required amount. Ask for a larger deposit, state in contract all carpets to be de-fleaed and professionly cleaned at the end of the tenancy (and reciepts supllied)

Most importantly get a watertight inventory done + photos if poss and signed by then tenant.

JOB DONE

Bel
02-02-2008, 20:18 PM
Thanks so much for your reply, its really appreciated.

I agree that requesting an increased deposit, plus additional rent is rather unfair and unclaimable - so I'm just has happy going for an increased deposit.
If you are aware of a website where I can puchase an AST which includes a pet agreement, could you please advise rather than me fumbling around in the dark and hassling you for help. ;)

In the meantime, as far as breaking rules would it be possible to include the clause below that failure to comply is the same at not complying with the AST:



I've also modified the sections which you've commented on:

2. now includes that any additional deposit will be held as part of the 'Security Deposit' which will be part of the Tenancy Deposit Scheme.

7. has now been removed as you rightly pointed out its already covered.

8. includes the example "in excess of 24hours".

10. has been amend to state "as soon as possible" and "in a plastic bag in a refuse bin"

11. now states that the tenant should feed the pet(s) inside the property and not leave food outside. (no mention to water).

12. has been completely removed (as long as they dont damage the property I'm not really bothered).

Thanks again.

CP.

I think the carpet measures mentioned in previous post are good.

I don't see any problem with what you have written. ALthough I agree that too many rules and regs can be cumbersome, some tenants are quite frankly, ignorant of what responsible behaviour is regarding care of a home or pet. Better to make your views clear now rather than later IMO.

PaulF
04-02-2008, 01:00 AM
Watch out for unfair terms concerning pets - you can't for instance state the tenant will have carpets 'professionally cleaned' - the terms is in fact meaningless as it's open to interpretation. Anybody could claim to be a 'professional' cleaner without any supporting evidence. All you can expect is for the carpets to be cleaned to an acceptable standard - the tenant is allowed to do it themselves - you can't make them employ somebody to do it. Do you expect 'professional' cleaning of curtains? No! You just expect a tenant to wash and iron them.