Council Housing Pets Policy 2015 - 2017 1 POLICY TITLE AUTHOR REVIEW DATE OFFICER RESPONSIBLE FOR REVIEW Pet Policy Val Rutherford 1st April 2017 Hazel Neasham PETS POLICY 1. Introduction Darlington Borough Council understands that keeping pets offers significant benefits to their owners and therefore welcomes it. 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. Ownership of a pet comes with responsibilities, and the purpose of this policy is to set out reasonable requirements for the keeping of common household pets in order to provide a decent, safe and clean area for current and prospective tenants, Council employees and the public, and to preserve the physical condition of housing properties. This policy covers the following: The type of pets can be kept and in what circumstances The responsibilities tenants take agree to when keeping a pet Information we give to tenants about responsible pet ownership The action the Council will take where pets are not kept in reasonable conditions or cause nuisance to neighbours. Permission will not be given where there is an ongoing problem with pet ownership in the household or it is identified that there has been a problem in the past. 2. Applicants for Housing Applicants for housing are asked to tell us on their application form if they have any pets and how many. This will not affect their application unless they plan to keep a pet for which permission will not be given. Also, dogs and cats are not allowed in some sheltered housing and one Extra Care scheme (see paragraph 4.2). The bid for accommodation will be accepted but will not be confirmed until either the Council confirm that the pet is suitable for the type of property applied for or plans for the re-homing of the pet(s) have been put in place. 3. Tenancy Agreement The tenancy agreement makes clear that the tenant is responsible for the welfare and management of their pets. 2 Housing Services sets out the basic rules regarding the keeping of pets in its Tenancy Agreement. If a tenant has their own garden and does not share an access or hallway, they may request permission to keep such domestic pets as the Council considers reasonable. Current tenants who do not have permission to keep cats or dogs will be encouraged to have retrospectively sought formal permission to do so. This will result in the Council having better information on pet ownership across its stock and will be in a better position to deal with any problems that may arise. Tenants living in a property with a Communal entrance, some sheltered housing and Extra Care schemes may keep one small dog or a cat provided that they meet specific conditions set out in Appendix 1. There are special conditions because of the communal areas in these developments. Cats and Dogs will not be allowed in a number of sheltered schemes and one Extra Care Scheme identified in the next section A tenant must nominate at least one person and/or an organisation (such as an animal welfare charity) to be responsible for their pet should the resident become ill or die. 4. What Pets can be kept 4.1 Pets that are allowed without permission The following pets are allowed in any Council property without seeking permission: Tanked fish Up to 2 small caged birds A rodent A rabbit Non-venomous insects Small non-venomous reptiles 4.2 Own Garden A tenant who lives in a house or bungalow and has their own self- contained garden can keep the following pets: Up to 2 dogs or 2 cats or one of each for which permission will be required 4.3 Flats, flats in blocks with communal entrances, sheltered housing, extra care and bungalows For most tenants who live in flats or do not have their own garden and/or they share an access they will be allowed to keep the following pets: One cat or dog for which permission will be required 3 Permission will not be granted if the pet is considered unsuitable for the type of accommodation. 4.4 Properties where cats and dogs are not allowed In the following sheltered schemes and one Extra Care scheme no cats or dogs will be allowed Branksome Hall Drive Dinsdale Court Linden Court Rosemary Court 4.5 Assistance Pets If a tenant requires a pet for assistance, service or support e.g. a registered guide or hearing dog these may be kept regardless of the type of property. 4.6 Pets that are not allowed Permission will not be granted for the following animals to be kept: Farm animals – for example, sheep, goats, pigs, cattle, horses, ducks Animals registered under the Dangerous Wild Animals Act 1976 – e.g. certain types of venomous snakes and spiders and various breeds of monkey Dogs specified in the Dangerous Dogs Act 1991 – for example, a Pit Bull Terrier or a Japanese Tosa. Permission will not be given where there is an ongoing problem with pet ownership in the household. In this instance a photograph of the pet may be taken and kept on record. 5. Leaseholders The policy applied to current leaseholders, in relation to the keeping of pets is the same as that for tenants 6. Restriction of Pets In general: We have the right to limit the number of pets that a tenant may keep or to request that the pets are removed altogether. A tenant must not allow any of their pets to cause annoyance, nuisance or to damage the property. Tenants are responsible for the health and welfare of their pets. Under the Animal Welfare Act 2006, this is called a duty of care. 4 This requires proper day-to-day management and care of the pet. Routine healthcare must include regular control of parasites (fleas and worms), vaccinations and neutering where appropriate. When applying to keep a pet both applicants for housing and existing tenants must provide evidence that the pet will be properly cared for. More information on organisations that can help with pet welfare can be found in Appendix 2. Dogs must wear a collar and identification tag. However, from April 2016 it will be a requirement that all dogs are micro-chipped for identification purposes including existing pets. Tenants must not breed any animal kept in Council property or offer any animal for sale from the property under any circumstances. Appropriate action will be taken if you allow your pet to breed and you will be expected to make arrangements for the extra animals to be removed as soon as is practical. In flats, flats in blocks with a communal entrance; Sheltered Housing or Extra Care: An assessment will be made: o Of the size of the pet in relation to the type of property and o Its behaviour in the context of living in properties with shared areas. o Where needed, of the ability of the pet to manage stairs There will be a discussion of the ability of the tenant to manage the pet in the long term Pets kept in blocks with a communal entrance; Sheltered Housing or Extra Care must not be allowed into the communal areas including corridors and gardens unaccompanied and must be on a lead at all times. The pet must not be allowed to foul or urinate in communal areas, corridors or shared garden/yard. If this happens it must be cleaned up immediately. The behaviour of the pet is the tenant’s responsibility and therefore they must ensure the pet is well behaved. In schemes with communal lounges and dining areas an additional restriction will apply. No pets are allowed in lounges without permission and are not allowed at all into dining areas unless it is a registered guide or hearing dog Cats will be expected to be house trained and make use of a cat litter tray while dogs must be walked away from developments. Waste material must be disposed of safely and in accordance with the arrangements made for each development with communal facilities. 5 7. Nuisance Animals The tenant is expected to make sure that their pet(s) do not cause a nuisance. The following are examples of nuisance behaviour; however this is not a complete list: Roaming and unattended pets Pets fouling and/or urinating in shared areas and in owners gardens when this is not cleared up immediately Pets fouling and/or urinating in neighbours gardens Excessive noise e.g. dogs barking Over population of pets within a household Unpleasant odours from pets Aggressive animals No pet should be left in the property when the tenant 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 In the majority of cases Housing Services will aim to resolve complaints about nuisance pets informally and by agreement. In some cases this will not be possible and the following actions will be considered: Withdrawing permission to keep a pet(s) Making responsible pet ownership part of an Responsible Pet Owners Contract Involving (statutory) organisations such as the Police or the Council’s Dog Warden Involving (voluntary) organisations such as the RSPCA and the Dogs Trust Serving an injunction to make the owner start or stop doing certain actions or to remove the pet(s) Under The Fouling of Land by Dogs (Darlington) Order 2010, failure to clean up after a dog is an offence subject to a level 3 fine. The Council will enforce this Serving notice to end the tenancy if necessary. 6 8. Dealing with Cruelty and Neglect The owner has a duty of care to take responsibility for the health and welfare of their animal (including flea and worm treatment). Where a member of staff witnesses cruelty or neglect they will report this to the RSPCA. Where cruelty or neglect is reported to Housing Services by a third party they will also report this to the RSPCA making it clear that they have not witnessed this themselves. The person reporting the cruelty or neglect will also be encouraged to report the matter directly to the RSPCA. The RSPCA will deal directly with the Police if they feel their involvement is needed. 9. Visitors with pets The behaviour of a pet brought to a property by a visitor is the responsibility of the tenant. The same rules apply to the management of a visitor’s pet as that of a tenant’s pet. 10. Tenant Participation We have consulted tenants on this policy and they will be contacted to approve any significant changes to the policy. The consultation took place during March and April 2015. 11. Health and Safety The policy is aimed at promoting a safe environment within the Council’s housing stock and local area. 12. Policy Review The policy will be implemented on the 1st May 2015 and will be reviewed on 1 April 2017. 7 Appendix 1 Conditions for keeping a pet in flats, communal blocks, sheltered housing and extra care Applicants for housing and tenants will need written permission to keep a cat or a dog. An assessment will be made as part of the application which will include: Dogs have been micro chipped. This will become law in April 2016 Someone or an organisation has been identified who will look after the animal if the tenant falls ill. The pet should not be left at the property Tenants will be restricted to one cat or dog in some sheltered housing, Extra Care, flats and blocks of flats with communal entrances while in other schemes no cats or dogs will be allowed-see paragraph 4.2 of the Pets Policy for details. Tenants in other accommodation are allowed up to two dogs or cats or one of each The pet, particularly dogs will need to be suitable for the size and type of property. It is also sensible to restrict the size of dogs allowed to those that can cope with stairs or be carried easily when the accommodation is on the first floor or higher Applicants and tenants will have to comply with the restrictions contained in the existing pets policy, e.g., no farm animals or dangerous dogs Applicants and tenants will have to agree to the following: o That they understand that no other tenants nor Council staff should be expected take responsibility for their pets o To take full responsibility for the behaviour of their pet and their visitor’s pets o Pets are to be well cared for and are appropriate. They should be regularly wormed and treated for fleas o Dogs must be walked away from Sheltered Housing and Extra Care. Cats are given access to the outside or have the use of a litter tray that is properly maintained o Cat litter and dog faeces is disposed by following the requirements at each development o A pet fouling in communal areas is a breach of the conditions of tenancy. If an accident occurs the owner must clean it up o Pets are not allowed access to communal areas unaccompanied and then they must be on a lead at all times o Pets are not allowed into communal lounges and other meeting areas without specific permission. If a pet is allowed into a communal area it must be accompanied and on a lead o Pets are not allowed into dining areas except for guide and hearing dogs o The pet must not be allowed to breed - appropriate action will be taken if you allow your pet to breed and you will be expected to make arrangements for the extra animals to be removed as soon as is practical. 8 o Pets should not create excessive noise What will happen if a pet is not being looked after properly? If a tenant is no longer able to look after a pet they must follow the agreement for keeping a pet and ask the person or organisation they have identified to take responsibility for the pet. Failure to do so is a breach of the tenancy and could lead to an application for eviction where this is necessary If an emergency occurs the Council will notify the identified person and expect them to take responsibility for the pet. If this cannot be arranged then other arrangements will be made to have the pet removed. The exact action will depend on the circumstances of the case. The Council will keep up to date information on organisations who can assist with the care of a pet Where there are no health reasons for not looking after a pet: o We can ask the tenant to re-home the pet and that can be enforced with an injunction o This is a breach of the conditions of tenancy and therefore may lead to eviction. o If there is a cause for concern about the welfare of the pet the Council will report the matter to the RSPCA 9 Appendix 2 Useful Contacts-Being developed Organisation Type Contact Details Website Aristocat Rescue Charity: Rescue And Rehome Stray Unwanted And Homeless Cats And Kittens National Charity cats, dogs, small pets and horses 01325 300290 aristocatrescue@ gmx.co.uk http://www.aristocat. org.uk/ Parklands, Station Road, Topcliffe, Thirsk, North Yorkshire YO7 3SE 0300 777 1540 thirsk@bluecross. org.uk 01388 720689. durhamcpcats@gm ail.com http://www.bluecross .org.uk/17142613/thirskrehomingcentre.html 01736 757900 admin@cinnamon. org.uk WWW.cinnamon.org .uk Dogs Trust Rehoming Centre, Darlington Hill House Farm Sadberge Co Durham DL2 1SL www.dogstrust.org.u k/ Blue Cross for Pets Cat Protection League Rescue and rehome stray and unwanted cats and kittens Operate an active spaying and neutering policy. Offer help and advice to the public and cat owners The Cinnamon Trust National Charity for older people and terminally ill people and their pets National dog welfare charity The Dogs Trust Dog Warden The Dog Wardens catch dogs that appear to be straying and 01325 333 114 01325 388799 https://www.facebo ok.com/darlingtond http://www.cats.org.u k/durham/ http://www.darlington .gov.uk/Environment/ Dogs/dogwarden.ht m 10 PDSA RSCPA help reunite them with their owners Veterinary charity ogwarden Wide range of animal welfare activities RSPCA Darlington and District Branch PO BOX 200 Richmond North Yorkshire DL10 9DN 07972 368602 info@rspcadarlington.co.uk 0800 731 2502 http://www.pdsa.org. uk/ http://www.rspcadarlington.co.uk/ 11