With over half of UK households having at least one pet, it’s quite common to meet potential tenants who come with their furry companions.
Many landlords find themselves torn when it comes to allowing pets, balancing the idea of being pet-friendly against worries about possible property damage.
And with the Renters’ Rights Bill leaning towards supporting pet owners (much like the Renters Reform Bill), you might find yourself dealing with this situation more often in the near future.
- Can landlords refuse pets in 2024?
- What can a landlord do if a tenant keeps a pet without permission?
- What’s the law around renting to tenants with assistance animals?
- Will the Renters’ Rights Bill force landlords to accept pets?
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Can landlords refuse pets in 2024?
In January 2021, the government updated the Model Tenancy Agreement to encourage landlords to reconsider blanket bans on pets. This means that pets are allowed by default unless there’s a specific ‘no pets’ clause in the tenancy agreement.
Under the updated model agreement, tenants need to ask for permission to keep a pet, and landlords must respond within a set timeframe, usually 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, landlords can’t charge extra, non-refundable fees for pets or ask for a deposit higher than five weeks’ rent because of potential pet damage.
If you prefer to keep your property pet-free, you can include a ‘no pets’ clause in the tenancy agreement, which can ban all pets (excluding guide animals when reasonably necessary).
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Just keep in mind that a blanket ban on pets might be challenged in court and considered unfair under The Consumer Rights Act 2015.
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.
Plus, our Assured Shorthold Tenancies (ASTs) also include a clause that requires tenants to get your consent before bringing a pet into the property.
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 who’s 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.
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Will the Renters’ Rights Bill force landlords to accept pets?
The upcoming Renters’ Rights Bill, which will be introduced in the 2024-25 parliamentary session, aims to give tenants the right to request a pet in their rented home.
Landlords will need to consider these requests and can’t refuse them ‘without a good reason ‘unreasonably’.
The bill might also include provisions for pet insurance, which landlords could request from tenants to cover any potential damage to the property. This would mean amending the Tenant Fees Act 2019 to allow pet insurance as a permitted payment.
The Renters’ Rights Bill is expected to include similar provisions to the Renters (Reform) Bill introduced in May 2023, which didn’t become law.
That bill had a clause allowing tenants to keep pets with the landlord’s written permission but was scrapped before the 2024 General Election.
Landlords can still refuse a pet request in certain cases, such as if a superior landlord bans pets. If tenants disagree with your decision, they can take their complaint to the Private Rented Sector Ombudsman or go through the court.
Since the Renters’ Rights Bill has a long way to go before it becomes law, if it ever does, we’ll likely get more details soon about tenants’ rights to keep pets in rented properties.
