THE HOME ALONE CONUNDRUM

Housesitting contracts

With the holiday around the corner, most people are planning the route to take to their destination and snacks for the road. However, it is time to be sure that your house will be safe, and the pets are cared for. Do not let the excitement cause you to forget something important.

Picture this. It is only a few weeks away from your annual December holiday, the plane tickets have been booked and your hotel rooms reserved. You are counting the days and are feeling happy for the first time in a while, until you realise that Fluffy has no one to look after him while you are away on holiday. What now? You call Janice next door and ask her if her daughter will be able to housesit Fluffy while you are away. “No problem” she replies. Ah, happiness returns.

Liability of housesitting

Is it really this easy? Some people might find it strange to have another person housesit while they are away on holiday but for some it might be a regular occurrence. From an attorney’s perspective this triggers immediate questions about liability, damages, contractual relationships, and compensation.

Let us face it, not all of us are attorneys. What if we just paused for a second and reflected on the actual responsibilities involved when you ask someone to housesit during your holiday. Should there be an agreement in place? If there is an agreement in place what sort of provisions should the agreement include? Should there be a liability clause if your house sitter breaches any of the provisions?

Written agreement

When asked what an agreement should include the attorney’s favourite answer will also be, “it all depends.” It will depend on the relationship you have with the person you have appointed as house sitter. If you are familiar with their style and behavior, it can be accepted that there wouldn’t be a need for written agreement between yourselves. The relationship between yourselves will be vested on a trust-based approach. The good news is that it is rare that house sits go wrong. When they do, however, having a clear understanding of each other’s original expectations goes a long way to preventing a situation of conflict.

It will always be suggested to have an agreement in writing regardless of the relationship or trust existing between the parties. This can be either a verbal contract based on trust, a written housesitting agreement or other document that provides a higher level of reassurance.

Communication

To build trust between two parties you need to talk and air your concerns. Make sure you fully understand each party’s requirements and write it down if needed. If you are happy to take each other’s word then that is fine too. At the end of the day it comes down to personal choice.

A lot of problems that occur during house sits are simply as a result of a lack of honest and upfront communication. For instance, the home owner didn't mention that the food in the freezer was off limits. Or the house sitter forgot to ask what to do if expensive vet fees needed to be paid.

Mutual trust

The spirit of house sitting is usually one of mutual trust. Nevertheless, signing a contract is always better because it provides a formal framework for the relationship, obligations and expectations of the parties. It helps avoid any ambiguities or misunderstandings.

Provisions

A detailed questionnaire can be very effective in these circumstances and is far less formal. It still allows both parties to address expectations and requirements and also clarifies everything, including duties and responsibilities for the house sitters and the owners.

If you prefer the more formal approach it is suggested to at least include the following; � When care for pets and medication is involved, � If the home owner requests a damages deposit, � When payment for the services will be made, and � The time and duration of the housesitting agreement.

It appears that there are no definitive answers, one way or the other. In some cases a contract or agreement may be purely practical in providing a certain degree of reassurance and protection. In other cases they are totally unnecessary.

As with many decisions when housesitting, it appears that the best advice is to trust your instinct. Weigh up each housesitting assignment individually. Owners should be transparent with their housesitter abound their expectations and the sitters’ obligations when you go the purely trust-based route with housekeeping.

Remember to keep a degree of control while you are away from home by phoning daily to request an update on the circumstances at home. This will surely limit your liability in the event that something does go wrong , in the sense that you have offered your reasonable input and provided your advice.

If you pursue and require a written agreement, make sure you consult with an attorney to ensure the provisions and obligations and liabilities placed on the parties in writing are legally sound.

And last but not least - relax, life should not be taken that seriously all the time! Just be mindful of and trust your intuition and discretion.

ACKNOWLEDGEMENT