Pets in Rental Properties: What Every Landlord Should Know

These days, it’s not unusual for would-be tenants to bring more than just their furniture – many come with a beloved dog, a curious cat, or some other furry friend in tow. In fact, over half of UK households now have a pet.

But for landlords, it can be a tricky one. On the one hand, you want to be accommodating, on the other, there’s the worry about scratched floors, chewed furniture, or lingering odours that are hard to shift.

And with the Renters’ Rights Bill (much like the Renters Reform Bill) set to give more backing to tenants with pets, chances are you’ll be seeing this more often. So, it’s worth thinking about where you stand and how to handle it if and when it comes up.

1. Can landlords refuse pets in 2024?
2. What can a landlord do if a tenant keeps a pet without permission?
3. What’s the law around renting to tenants with assistance animals?
4. Will the Renters’ Rights Bill force landlords to accept pets?

Can landlords refuse pets in 2024?

In 2021, the government revised the Model Tenancy Agreement to discourage blanket bans on pets. Under the updated guidance, consent for pets is assumed unless the tenancy agreement includes a clear ‘no pets’ clause.

Tenants are still required to request permission in writing before bringing a pet into the property. Once that request is made, landlords are expected to respond within a reasonable timeframe, typically within 28 days.

Landlords can’t “unreasonably withhold or delay” their response and must agree if they think the tenant is a “responsible pet owner” and the pet is suitable for the property.

Also, you can’t charge extra, non-refundable pet fees, nor can you increase the security deposit beyond the legal cap of five weeks’ rent to cover potential pet-related damage.

However, if you wish to maintain a pet-free property, you’re still entitled to include a ‘no pets’ clause in the tenancy agreement. This clause can restrict pets altogether, though exceptions may apply for assistance animals, such as guide dogs, where it would be reasonable to do so.

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Just keep in mind that a blanket ban on pets may be open to challenge under the Consumer Rights Act 2015, particularly if it’s deemed to create an unfair balance between the rights of the landlord and tenant. Clauses that are overly restrictive without justification could be seen as unenforceable if tested in court.

As an OpenRent landlord, you can choose whether or not to allow pets by selecting or deselecting the ‘Pets Allowed’ option under the ‘Tenant Preferences’ section when creating your advert. In 2024, more than a quarter of our listings were marked as ‘Pets Allowed.’

To make things even simpler, our Assured Shorthold Tenancy (AST) agreements come with a built-in clause requiring tenants to get your written permission before bringing a pet into the property – helping you stay in control and avoid any unwanted surprises.

What can a landlord do if a tenant keeps a pet without permission?

If a pet is causing problems for other residents or damaging your property, you might be able to evict the tenant with a Section 8 notice. You’ll need to be ready to show evidence of how the pet is affecting neighbours or causing damage to the property.

For tailored advice on your situation and assistance with serving notices, don’t hesitate to reach out to one of our partner legal experts.

Unfortunately, there’s not much else that can easily be done to remove the pet without evicting the tenants.

If the pet causes damage, you can claim for repairs from the deposit at the end of the tenancy. Alternatively, you might need to take legal action after the tenancy ends to cover any repair costs.

If your tenants are paying rent on time, causing no issues, and inspections show no problems, evicting them might not be the best approach.

It’s always a good idea to talk things over with your tenants and try to find a solution before taking the matter to court.

What’s the law around renting to tenants with assistance dogs?

If your tenancy agreement includes a ‘no pets’ clause, tenants can still ask you to change it to allow an assistance animal, like a guide dog for someone visually impaired.

In such cases, you must agree to make this change if your tenant is disabled and needs the assistance animal to live comfortably in the property.

This is known as making a ‘reasonable adjustment’. Refusing to allow an assistance animal could be seen as discriminatory and might lead to legal issues.

However, in some situations, you might be able to refuse a reasonable adjustment if you have a valid reason, such as health and safety concerns.

Will the Renters’ Rights Bill force landlords to accept pets?

The Renters’ Rights Bill is set to make it easier for tenants to ask their landlord for permission to keep a pet. Under the new rules, landlords won’t be able to say no unless they have a solid reason, like a restriction in their superior lease.

This right will not apply to applicants looking to rent your property; it will only apply to tenants. This means that you will still be able to indicate whether pets are allowed or not in your property listings.

If a tenant does ask to have a pet, landlords will have 28 days to reply with their decision. If you refuse, tenants can challenge it either by complaining to the private rented sector ombudsman or by taking you to court.

As the ombudsman’s service is free, it may be the preferred option for many tenants. However, both landlords and tenants will have an equal opportunity to present evidence and make their case.

Landlords will also be able to require tenants to take out pet insurance or cover the cost of insurance arranged by the landlord. This will count as a permitted payment under the Tenant Fees Act 2019.

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