Pet damage and legal compliance
As a landlord it’s important to keep up to date with new legislation, such as the Renters’ Rights Bill when renting to pets
Understanding how to navigate the legal considerations surrounding pets in rental properties will become more important with the introduction of the Renters’ Rights Bill. As laws change, landlords must be aware of tenants’ rights when requesting to keep a pet in a rental property.
Legal considerations of renting to tenants with pets
The issue of pets in lets has been a contentious one for many years. In 2021, the ‘model contract’ that landlords are encouraged to use when creating tenancies was re-issued, with a clause requiring consent for pets to be the default position and for landlords to object in writing within 28 days of a written pet request from a tenant giving a ‘good reason’
“A tenant must seek the prior written consent of the landlord should they wish to keep pets or other animals at the Property. A landlord must not unreasonably withhold or delay a written request from a tenant without considering the request on its own merits. 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."
However, the model tenancy agreement isn’t compulsory. The Renters’ Rights Bill will turn this ‘model’ into law for all assured private tenancies, introducing important changes regarding tenants' rights to have pets in rental properties. Under the Renters’ Rights Bill, landlords must respond to a tenant's request to keep a pet within 28 days of receiving it. The new legislation will mean that if a landlord refuses the request, tenants will be able to challenge it through the Private Rented Sector Ombudsman. or in court. This means that every request is considered on a case-by-case basis without any bias.
Can landlords refuse pets?
Landlords will still have the right to refuse pets once the Renters’ Rights Bill comes into force, but a denial of a request will require a fair and well-grounded explanation that supports the decision. A landlord will not be able to refuse pets without proper justification, as they may be legally challenged by the tenant. There are valid reasons why a landlord will still be able to refuse pets in their rental property.
These justifiable grounds could include:
Prohibition by the superior landlord: When a superior landlord prohibits pets or in leasehold properties when it is prohibited by the landlord’s headlease
Inappropriate housing: The property is too small or unsuitable for the type of pet requested by the tenant
Health and safety issues: If the presence of pets poses health or safety risks, such as allergies or potential injury from certain animals
Shared tenancy concerns: In cases of shared tenancies, if other tenants object to the presence of pets, the landlord may have a reason to refuse the request
If the landlord is unable to justify refusing a tenant’s request to keep a pet, landlords still have the option to include a specific pet clause in the tenancy agreement. These clauses help set clear guidelines and expectations and give landlords control over the type, number, and behaviour of pets a tenant is allowed to have.
This allows landlords to effectively manage the risks associated with renting their property to pet owners.
Yes, tenants should have the right to request pets
No, landlords should always be able to refuse pets
Not sure, I need more information
