1. Pets Policy (Revised following HSC in April) 1.1 Introduction Soho Housing Association accepts that keeping pets can offer significant benefits to owners. However, irresponsible ownership can also cause nuisance to others living nearby and so it is necessary to have some rules to ensure that neighbours are not adversely affected. This policy is intended to outline the conditions under which tenants may keep animals in accommodation managed by Soho Housing Association. The content of the policy is not exhaustive and the Association may allow some relaxation of the policy in certain circumstances. When people think of pets they often think of dogs and cats. Any animal can be a pet. However, some animals such as sheep, birds of prey, guinea-pigs and even mini-pigs are kept as outdoor pets. Many other species may be kept indoors, such as fish, budgerigars, snakes and spiders, hamsters, mice and gerbils. Just as varied are the types of people who are pet owners The Animal Welfare Act 2006 in England and Wales has revolutionised animal welfare legislation in the UK because it introduced a duty of care on any person keeping an animal to ensure they look after it properly. For example it is now a legal requirement for pet owners to provide the following: A proper diet (food and water) Somewhere suitable for their pet to live Protection from pain, suffering, injury or disease The list is not exhaustive and there is no doubt that these laws ought to have an effect on tackling cruelty and neglect. 1.2 Disability Discrimination Act (DDA) 2005 From December 2006, section 13 (Housing) of the DDA 2005 made it a legal requirement that anyone renting or selling a property cannot discriminate against a disabled person. The Act requires that ‘reasonable adjustments’ are made. In terms of the focus of this policy, this would include waiving a ‘no pets’ policy for a disabled person with an assistance/working dog (such as guide dogs for the blind, hearing dogs for the deaf or assistance dogs for the disabled). 1.3 Procedure Soho Housing Association recognises the importance owners of animals place on keeping a pet or pets. However, the Association will balance this with the 126 potential nuisance caused to other members of the community if pets or animals are inappropriate on any of our schemes or are irresponsibly managed. Soho Housing Association Tenancy Agreement states that tenants must agree: “To obtain the written consent of the Association before keeping a dog or any other animal which could cause a nuisance to neighbours on the Premises. Such consent is normally withheld. Should consent be granted, such granting or refusal of permission is within the absolute discretion of the Association. The Association’s permission may be withdrawn at any time at its discretion. Any animal kept at the Premises by the Tenant with the Association’s permission, must be kept under control at all times.” The Current Guidance in the Resident’s Handbook is as follows: Permission should be obtained before keeping any pets The Association is happy for tenants to keep small pets such as caged birds, fish or caged animals. Provided they do not disturb neighbours or damage property. If your pet does cause a nuisance to neighbours, you will be asked to find an alternative home for it Dogs and cats will not normally be allowed in the Association’s properties except for existing tenants who had them when the Association acquired the property and assistance dogs/animals kept for the benefit of disabled people. The Conditions of the Tenancy allow the Association to define any animal or pet as being unsuitable for any property. Any animal or pet that is likely to cause nuisance or fright to neighbours will not be allowed. For health and safety reasons residents will not be allowed to keep certain animals as pets for example rats, mice and pigeons. Also consent will be withheld where a resident wishes to keep any dangerous animal such as snakes and spiders on the premises or scheme. The Association recognises that many older residents moving into sheltered person’s accommodation might already have a pet and that they are an important companion for many people and so will adopt the following: That older people moving into a property with a pet restriction will be allowed to maintain their existing pets (providing the pets do not cause a nuisance or annoyance to other residents) and if they wish to replace their pet they will need to complete the attached Application Form. 127 1.4 Giving permission to keep pets Residents are required to seek permission to keep a pet and to complete the attached Application Form. By requiring residents to seek permission to keep a pet we are able to hold a list of registered pets. Some pet owners will take on pets without seeking permission and others will do so despite having been denied permission. The Application Form should be sent to the Housing Officer for consideration. In making a decision about cats and dogs in flats, the size of the accommodation, access, other tenants, safety issues and the proximity to exercise and toileting areas will be taken into consideration. If possible, a decision on an individual case should be made after visiting the resident and viewing the property in order to make a general assessment of their ability to care for the animal and the suitability of the property. Where permission is granted: Pet owners must NOT let their pets roam on communal areas Pets must not be allowed on landings or balconies without their owners Dogs should always be kept on a lead when in communal areas Owners must remove any animal waste from the communal areas Owners must not leave animal waste/cat toilets in common parts Noise from pets must be kept to a minimum and must not cause annoyance Owners must ensure that pets are neutered and regularly vaccinated. Pet owners must not breed any animal kept in Soho Housing Association property or offer any animal for sale from the property under any circumstances. It is illegal to leave a pet alone for any length of time. No pet should be left in the property when the resident is away unless clear arrangements have been made to provide adequate care. In general this will require the pet to be boarded elsewhere but close supervision by a neighbour may be adequate for some animals. Dogs listed in the Dangerous Dogs Act 1991 and any animal listed in the schedule of the Dangerous Wild Animals Act 1976 may not be kept. This is to protect the health and safety of any residents and employees of Soho Housing Association who may come into contact with them. 128 1.5 Local Arrangements Where a scheme benefits from a recognised Residents Association an Estate Agreement may be reached between the residents and Soho Housing Association. The Estate Agreement may include local arrangements to vary the Pets Policy above to meet the needs expressed by a majority of scheme residents. For local Estate Agreements refer to the Resident Compact that forms part of the Resident Involvement Policy. While we encourage Resident’s Associations to abide by and apply their own local rules, it is important to note that the Association reserves the right to apply the general policy (overriding the local policy) to maintain reasonable living conditions for residents after assessing the nuisance caused to members of the community if pets or animals are inappropriately kept or are irresponsibly managed. This may result in the Association instructing a resident to remove an animal in cases where we have received complaints (whether complaints are from members of the Residents Association or not) or where an animal has caused damage to our premises (which would include fouling of communal areas). Wherever there is a dispute between the local rules and the main policy the decision of the Association will be paramount. 1.6 Unauthorised Pets Some owners will take on pets without seeking permission and others will do so despite having been denied permission. In dealing with owners of unauthorised pets the steps listed below must be followed: The Housing Officer will always visit the resident to investigate an enquiry or complaint If it is decided that the pet in question is causing unnecessary nuisance to neighbours, information relating to who to contact for advice for example, a behaviour counsellor or vet should be provided by the Housing Officer. Please refer to Appendix 2. If the owner is not willing to resolve the situation then advice on re-homing should be given. A resident should also be advised to contact the Local Authority Dog Warden Service. Please refer to Appendix 2. The Housing Officer will send the resident a letter confirming the situation and the likelihood of legal action if they do not comply with the request to rehome. 129 Finally, if all other avenues have been pursued, taking legal action against the resident will be considered. Persistent nuisance caused by pets can, in certain circumstances be classified as anti-social behaviour especially if the owner is also causing other anti-social behaviour (refer to the Anti-Social Behaviour policy). Eviction should always be the last case scenario; instead measures should be taken to assess and attempt to resolve each individual case. If eviction is the outcome of the investigation, Soho Housing Association will not be responsible for rehousing residents. 1.7 Responsibilities of Pet Ownership Pet ownership has increased substantially and people from all sections of society are pet owners. However, pet ownership also has disadvantages. These can take various forms but are basically related to not complying with the concept of responsible pet ownership. The responsible pet owner will take a number of steps to ensure a pet’s well being: ensure that the pet fits in with their lifestyle, physical abilities and environment: for example, a dog requiring much regular exercise would not be suitable for someone who is housebound and unable to arrange for exercise, but fish, a rabbit or a budgerigar may well be. house their pet properly and securely, for example in a cage, tank or garden. keep the animal in a manner that ensures its physical and psychological well-being, so that it is not stressed when left alone and therefore does not create a noise nuisance or become destructive. limit the number of pets so there are no issues of overcrowding with potential health implications for both animals and humans. ensure that an animal is appropriately trained – this is particularly important in the case of dogs – and that the training takes into account the feeling of others (for example by training the dog not to approach anyone without permission and then to sit rather than jump up greeting). Pet owners are responsible for the health and welfare of their pets. Under the Animal Welfare Act 2006, this is called a duty of care. This requires proper dayto-day management and care of the pet. 130 Appendix 1 Application to keep a pet in accommodation managed by Soho Housing Association Name Address Telephone number (land line) Mobile number E-mail Address I, the above-named resident of the above-named address, wish to apply for permission to keep the pet(s) detailed below. Pet Please tick the relevant species Small Dog Cat mammal Breed Colour 131 Reptile Bird Fish Name Age Approximate body weight Sex Is the pet neutered? Yes No Male Female Microchip Number: Declaration I have read Soho Housing Association guidelines and my pets comply with them. Assuming I am given permission to keep a pet, I undertake to comply with all the rules relating to pets and will ensure that all persons living with me and any visitors also do so. I understand that having a pet is a privilege and NOT a right and that if I infringe the rules it may affect my tenancy. Signature Date The resident shall be bound by the obligations contained in the pets policy attached for the duration of the tenancy from this date. 132 Appendix 2 Useful contacts 1. Association of Dogs & Cats Homes Secretariat C/o Battersea Dogs Home 4 Battersea Park Road London. SW8 4AA Tel No: 020 7627 9204 Email: adch@dogshome.org www.abdch.org 2. Battersea Dogs & Cats Home 4 Battersea Park Road Battersea London SW8 4AA Tel No: 020 7622 3626 Email: info@dogshome.org www.dogshome.org 3. Cats Protection National Cat Centre Chelwood Gate Haywards Heath RH17 7BR Tel No: 08702 099 099 Email: helpline@cats.org.uk www.cats.org.uk 4. Dogs Trust 17 Wakley Street London EC1V 7RQ Tel: 020 7837 0006 Email: info@dogstrust.org.uk www.dogstrust.org.uk 5. National Animal Welfare Trust Tyler’s Way Watford-By-Pass Watford Hertfordshire WD25 8WT Tel: 020 8950 0177 Email: reception@nawt.org.uk 133 www.nawt.org.uk 6. RSPCA Wilberforceway Southwater Horsham West Sussex RH13 9RS Tel: 0870 3335999 www.rspca.org.uk Behaviour Problems 7. Battersea Dogs & Cats Home behaviour Hotline Tel: 0905 020 0222 8. The Association of Pet Behaviour Counsellors PO Box 46 Worcester WR8 9YS Tel: 01386 751151 Email: info@apbc.org.uk www.apbc.org.uk 134