Do you allow pets?
Although many believe letting laws now permit tenants to have pets, this isn't true; you can still prohibit pets in your property if your tenancy agreement has a valid clause
There is a general perception that letting laws have been changed to allow tenants to keep a pet, but this isn’t yet the case. Provided your tenancy agreement has a valid clause, you can still currently prohibit pets in your property.
But in January 2021, the Government amended its own model tenancy agreement so that the default position is that responsible tenants should be allowed well-behaved pets.
Clause 1.5 in the model tenancy agreement states that the tenant must seek consent from the landlord to keep a pet and that: “The Landlord should accept such a request where they are satisfied the Tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept.”
If you use the model tenancy agreement and object to a written request from your tenant, you must respond in writing within 28 days giving your reason(s).
This model tenancy agreement is a freely available document, which can be downloaded from the government website. There is no obligation to use it and most landlords and agents prefer to use their own AST forms.
If you are a landlord and would like guidance on tenancy agreements, contact housing law specialists, Landlord Action, who can assist with writing and reviewing tenancy agreements. If you are an agent, contact HF Assist for specialist advice from legal experts.
However, landlords should be aware that this right for tenants to request permission to keep a pet is likely to be extended to all privately rented properties in the future, as proposed in the Renters (Reform) Bill.
So, if you don’t currently allow pets, it might be worth considering whether you might be prepared to in the future and/or why your property would not be suitable for certain types of pet.
You can read more about pets in lets in the mydeposits article, ‘Pet rent and pet deposits: A landlord’s guide to lets for pets’.