Happy Easter everyone! It’s a very special time of year for Christians but also families as a whole, as the long Easter weekend allowed us to spend time with loved ones we may not have seen for the past 2 years. The time is heavily linked to rabbits and chickens, and some people may be considering brining one in to their home! However, are there circumstances where you might unknowingly be bringing a claim against yourself for doing so?

Generally, it is not illegal to have a pet in your house; well, not a domestic pet anyway. The neighbours might have something to say if you brought a crocodile to live in the bath! However, pet owners need to be wary of their leases, restrictive covenants, tenancy agreements and local bye-laws when considering buying a pet.

Rental properties and leasehold

For those living under an Assured Shorthold Tenancy Agreement or other such tenancy agreement, care should be taken to check the terms of the agreement prior to purchasing any pets. Some landlords have a strict, no pets policy, mainly to protect their properties against smells and damage. Some will charge a small premium for having pets in the Property. Of course, some will be completely relaxed about a usual domestic pet in the property but prior to purchasing such a pet, tenants are advised to check the terms of the agreement and speak to the letting agent. A breach could result in substantial clean up bills and Court proceedings whereby a tenant could lose the Property.

For leasehold property, the situation is similar, albeit arguably, home owners have slightly more control than those renting as they won’t mind if their own pet causes a little damage or odour, which they can fix. However, leases should be checked carefully. There are many leases out there which contain restrictions in relation to pet ownership. A common one often seen is ‘not to keep any animals in the property, with the exception of one domestic animal.’ Clearly what this means is that a dog, cat or rabbit is acceptable but two are not.

The other common restriction in leases, which is common and ties in either directly or indirectly to pet ownership, depending on the wording of the clause, surrounds nuisance. Often in a lease there is a clause to the effect of ‘Not to do anything which may cause a nuisance to the Landlord or neighbouring property’ or ‘To have pets provided that they do not cause a nuisance to the Landlord or neighbours.’ The effect of these clauses means that you must be mindful of animal noises disturbing your neighbours, such as barking, squawking or even a potty mouthed parrot! You should also be mindful of animal waste and ensure it is cleaned up quickly and efficiently, as this could also cause a nuisance, especially on a neighbour’s garden. To minimise the risk of breaches, animals should not be left unattended for long periods and gardens/gates should be fully secure to avoid the risk of escape.

These restrictions come in numerous forms and so if you are considering getting pets and your property is leasehold, it is worthwhile checking your lease first and if you require this to be checked, give us a call here at Eaton Smith.

Freehold properties

Freehold Properties are generally more accommodating when it comes to pet ownership as there are often less rules preventing this. However, you should carefully check restrictive covenants on title to ensure that you will not breach one of these by pet ownerships. Such clauses to look out for include wording to the effect of ‘Not to own more than a certain number of domesticated animals’, ‘Not to keep ducks, geese, chickens, pigs’ on the property or ‘Not to cause or allow any nuisance to neighbouring Property.’ Suburban properties built after the Second World War tend to have more onerous provisions regarding poultry and pig ownership, as the policy at the time was to clean up areas and move people away from the self-sufficient lifestyle encouraged during the war.

Planning obligations should also be checked for any conditions which would adversely affect the ability to hold or keep animals, although these are rare.

All properties

Depending on the type of pet you have, will depend on the type of accommodation they need. If you intend on building a large outdoor kennel for example, this may require Building Regulations certification along with planning consent. Electrics and heat systems to such buildings will usually require Building Regulations approval.

All homeowners but especially those with mortgages, should check their buildings insurance to ensure that damage caused by pets to the build of the property is adequately covered. This could include damp caused by a leaking fish tank or a fire caused by faulty lighting/heating in a building or other habitat such as an aquarium or hutch. Whilst checking this, it may be prudent to also check your contents cover to ensure that any damage which may be caused is covered. Whilst we do not advise on buildings or insurance products, these are merely practical considerations to consider prior to pet ownership and to raise with your insurance broker/company.

If you require your documents to be checked prior to obtaining a pet, please do not hesitate to contact us. We can check documents from as little as £100.00 + VAT, depending on the circumstances and nature of the documents.

Similarly, if you are purchasing a property which you believe has an outbuilding or kennel for pet ownership, or you believe the current owners have breached a covenant or restriction in relation to pet ownership, we are well placed to advise on such issues here at Eaton Smith.

Whilst this does not cover every eventually, we hope that this provides some guidance to you and your family.