In Hong Kong, many people cherish their pets, treating cats and dogs not just as animals but as beloved family members. This affection often influences pet owners to prioritise pet-friendly accommodations when looking for places to rent. What should landlords keep in mind if they decide to rent their properties to such tenants?
Firstly, regardless of whether landlords personally agree to allow pets, they must initially consult the building's Deed of Mutual Covenant. If this deed explicitly prohibits pets, tenants who secretly keep pets are in violation, and the property management has the legal right to take action against such violations.
If the deed does not mention anything about pet ownership, it generally means that keeping pets is allowed. However, some buildings might have restrictions on the types of animals that can be kept. For example, the Housing Authority allows residents of public housing to keep small domestic pets, such as neutered cats.
Before leasing a property, in addition to understanding the tenant's background, including their occupation, income, and how many people will live in the unit, landlords should also enquire about any pets the tenant might have. This includes the type and number of pets.
Even if the deed allows pets, this does not mean tenants can automatically keep them. They must first obtain the landlord's consent, and the specific terms of the lease agreement apply. If the lease explicitly prohibits pets, tenants must comply.
Should a tenant keep pets despite such terms, they are in breach of the lease. In this case, the landlord is entitled to terminate the lease and demand that the tenant vacates the property. If the tenant refuses to leave, the landlord can apply to the Lands Tribunal to reclaim possession of the property.
Having pets can increase the likelihood of damage within the unit, such as furniture being scratched or chewed, or hair causing plumbing blockages. Therefore, it is advisable for landlords to clearly define maintenance responsibilities in the lease to protect both parties' interests.
It's important for tenants to note that even if both the deed and the lease allow pets, this does not mean they can let their pets roam freely. If pets cause significant disturbances to neighbours, the tenant is responsible, and the property management has the right to take legal action.
With the growing popularity of pet ownership, buildings that permit pets are likely to attract more tenants, making them more appealing. For tenants looking for pet-friendly housing, consulting a list of pet-friendly estates and buildings might be beneficial.
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