Renting to Tenants with Pets: Changing Laws
Published on September 30, 2022 by Sarah Mac
With only 7% of landlords advertising their properties as pet friendly, it is no wonder that so few renters find it a challenge to find somewhere to live where their four legged friends are welcome.
But what exactly is the law on renting to tenants with pets? And could landlords be missing a trick by not offering pet friendly rentals?
Here’s a look at the current rules, and what’s on the horizon as the Renter’s Reform Bill comes into play.
Can a landlord refuse a tenant permission to keep a pet in 2022?
It may be that the tenancy agreement says pets aren’t allowed. However, the Consumer Rights Act 2015 makes unfair terms in a contract unlawful, which means a blanket ban on keeping pets within a tenancy agreement could be struck out if the issue went to court.
If the tenancy agreement states that the landlord’s permission must be sought to keep a pet, then that permission must not be unreasonably refused. What amounts to a reasonable refusal could vary depending on individual circumstances. For example, it could be considered reasonable to refuse to allow a tenant to keep a large dog in a small flat.
If the tenancy agreement doesn’t mention pets at all, it will make it tricky for landlords to put an argument forward for not allowing pets.
It is not possible for landlords to charge a fee for letting tenants keep pets, neither are they allowed to ask for a higher deposit if it would amount to a breach of the deposit cap under the Tenant Fees Act 2019.
What is the Government’s model assured shorthold tenancy agreement?
Private landlords may, if they wish, use a model tenancy agreement drafted by the Government. The latest version was published on 28 January 2021. In the event that this agreement is used, the default position is for landlords not to unreasonably withhold consent where a tenant asks for permission to keep a pet. This is what the actual wording says:
“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.
Consent is deemed to be granted unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request.”
Of the new standard tenancy agreement, Housing Minister Rt Hon Christopher Pincher MP said:
“We are a nation of animal lovers and over the last year more people than ever before have welcome pets into their lives and homes.
“But it can’t be right that only a tiny fraction of landlords advertise pet friendly properties and in some cases people have had to give up their beloved pets in order to find somewhere to live.
“For those who choose to use the revised Model Tenancy Agreement, we are bringing an end to the unfair default blanket ban on pets introduced by some landlords. This strikes the right balance between helping more people find a home that’s right for them and their pet while ensuring landlords’ properties are safeguarded against inappropriate or badly behaved pets.”
Will the Government be changing the law on keeping pets in rented accommodation?
On 16 June 2022, the Government published its policy paper, A fairer private rented sector. The plan is to introduce a Renters’ Reform Bill in the 2022-23 parliamentary session to “ensure landlords do not unreasonably withhold consent when a tenant requests to have a pet in their home.”
Whilst landlords will be able to refuse requests to keep a pet, tenants will have the right to challenge a refusal, and landlords will have to show good reason for refusing permission.
The Government policy paper says:
“We will make it easier for landlords to accept pets by amending the Tenant Fees Act 2019 to include pet insurance as a permitted payment. This means landlords will be able to require pet insurance, so that any damage to their property is covered. We will continue to work with landlords and other groups to encourage a common-sense approach.”
What about guide dogs or assistance pets?
Under the Equality Act 2010, service providers, including landlords, must not directly or indirectly discriminate against people with a disability. Section 20(3) says they must make “reasonable adjustments where a provision, criterion or practice puts a disabled person at a substantial disadvantage compared to a non-disabled person.”
This ‘reasonable adjustment’ will depend upon individual circumstances.
The Equality and Human Rights Commission’s Guidance for social housing providers states that a landlord would have to amend a tenancy agreement if it prohibited pets, allowing tenants to keep a guide dog or assistance pet as a reasonable adjustment. This is because “failure to do so may risk breaching Article 14 of the Human Rights Act (Prohibition of Discrimination).
More information on letting to tenants with pets
The Tenancy Deposit Scheme Guide to Pets in Rented Properties provides useful tips for landlords considering going pet friendly with their rental properties, and The Dogs Trust Lets with Pets website offers advice for tenants, landlords and letting agents.