Landlords NO to pets by Heather Hilder on November 19, 2024 ‘NO’ pets allowed When can landlords say ‘No’ to pets? You might not be an animal lover – but your tenant might be. Like a small child begging for a puppy, they might be desperate for you to allow them to keep a pet within your property. So can you refuse? For the moment yes, but once the Renters’ Rights Bill comes into force this won’t be the case. Ahead of the legislation coming into force greater leniency over pet ownership could help win you tenants and show that you support the proposed changes, designed to support pet ownership by tenants. Let’s find out – When can landlords say ‘No’ to pets? Understanding your reluctance Your reluctance might be for several reasons – all of which are understandable. You might be worried about a dog chewing furniture legs, or a cat scratching upholstery. Or perhaps you are concerned about the potential smell or are allergic to fur. Alternatively, you may be wary of possible noise complaints from neighbours objecting to a barking dog or a chattering parrot, or potential injuries inflicted by pets to tenants or visitors to your property. Current restrictions Currently, you can set the rules about whether or not you accept pets, subject to some conditions. The UK’s Housing Act 1988 means that you can reasonably refuse such a request if the property is too small for a large animal, other tenants have pet allergies, or it is a leasehold property that has a ‘no pets’ clause in the lease agreement. Since 2021, new model tenancy agreements from the government require landlords to consider reasonable requests for pets. However, you aren’t legally obligated to use them. Under these agreements the tenant must seek prior written consent from the landlord. The landlord should agree if they are satisfied the tenant is a responsible pet owner and the pet suits the property in question. Consent is deemed granted unless you turn down the tenant’s request in writing within 28 days of receiving it. The impact of the Renters’ Rights Bill on the right to have a pet Pet ownership in rented properties will change with legislation within the Renters’ Rights Bill which had its second reading last month. The government has said it is “committed to supporting responsible pet ownership in the private rented sector”. To enable this, the Renters’ Rights Bill will mean that landlords cannot unreasonably withhold their consent for a tenant to have a pet in their home. Tenants will also be able to challenge what they see as unfair decisions by escalating their complaint to the Private Rented Sector Ombudsman or by taking the case to court if a landlord refuses their request. The final decision would be based on the evidence provided by both tenant and landlord. The government has yet to publish its extended guidance for landlords and tenants on how pet ownership in the private rented sector will actually work. However, it has confirmed that landlords will be required to consider such requests fully on a case-by-case basis. Landlords will be able to refuse a request if their superior landlord prohibits pets. Protecting your property But the government is aware of the worries of damage and as part of its bill will amend the Tenant Fees Act 2019, adding a clause that will allow landlords to require insurance to cover damage caused by pets living in the property. It also points out that landlords can use the tenancy deposit for damages although landlords shouldn’t recover costs twice for the same damage. If the insurance and deposit don’t cover the scale of the damage it says that a landlord could take a tenant to court to recoup the damage costs. Contact Callaways Estate Agents if you need support as a landlord in Worthing, Arundel, Brighton & Hove. We can help you adapt to new regulations and safeguard your investment. Reach out now for expert advice!
