Renting with pets used to be challenging for tenants. But thanks to the Renters’ Rights Bill, landlords will have to consider requests by law. The relevant clauses in the Bill are 10 and 11, which will amend the Housing Act 1988 and the Tenant Fees Act 2019, respectively.
These apply to tenancies regulated by the act (which will be assured tenancies as assured shorthold tenancies are to be abolished) that are not social tenancies.
According to some research 54% of tenants already have a pet or would if the law allowed
However, despite this figure, only 7% of property listings state 'pet-friendly’. Many landlords, myself included, worry about the possible issues associated with having lets with pets, including damage to property i.e. frayed carpets from repeated claw action, lawn damage from digging and urine, furniture damage from claws, the need for deep cleaning, and deterring potential future tenants with allergies.
However, with the Renters’ Rights Bill advocating responsible pet ownership in the private rented sector (PRS), landlords need to understand the rules.
When can a landlord refuse a pet?
At the moment whether the landlord accepts pets is at their discretion.
However, when the Renters’ Rights Bill becomes effective, which is due to be later in 2025, tenants will have legal rights to request and keep a pet. The new guidelines are:
No outright bans -
Fair consideration required - Landlords must consider each pet request fairly, and if they refuse them, there needs to be a reasonable justification.
Right to challenge - If tenants believe a refusal is unfair, they can appeal to the Private Rental Sector Ombudsman, or a court of law.
The Bill seems to recognises that many landlords have concerns about damage caused by pets and the following measures are in place to assist with these fears:
Pet damage insurance - Landlords can ask tenants to put in place pet damage insurance, meaning any damage caused by a pet is covered.
If the landlord prefers to arrange insurance the reasonable costs can be passed onto the tenant.
When can a landlord refuse a pet?
According to Chris Norris, Policy Director at the National Resident Landlords Association (NRLA), it remains unclear and believes 'this is something the Government need to clarify asap'.
There are still some existing instances where you can legally refuse a pet, including:
1 - Lease restriction from a superior landlord
If the property is a leasehold and the superior landlord or freeholder has a no-pets clause contained within the headlease, the landlord has no choice but to refuse the request.
2 - Health concerns
If the landlord or letting agent have severe pet allergies preventing entry to the property for viewings, inspections and maintenance.
If other tenants in the building have severe allergies, this could be another valid reason to decline a pet request
3 - Lack of vaccinations or infestation risk
If a pet doesn’t have an up-to-date vaccination record or is infested with fleas or ticks, it could pose a risk to the property and future tenants.
4 - Unsuitable property
If a property isn’t the right fit for the needs of the requested the landlord may have a valid ground to refuse. Obvious example would be a large dog in a top floor flat with no access to outside space
What happens if a landlord refuses unreasonably?
Without a valid reason, tenants can challenge the decision (see above)
What if a tenant has a pet despite a no-pet clause contained within the lease?
If a tenant moves in with a pet despite a valid no-pet clause, the landlord can either take action for a breach of contract or seek resolution through the Ombudsman.
4 Potential benefits of tenants with pets
High demand attracting a broader range of applicants possibly reducing void periods
Lengthier tenancies - pet owners tend put down roots for longer, which in turn reduces marketing costs and voids. This cafoster better tenant landlord relations
A high proportion of landlords report no pet related damage at tenancy end or during the course of the tenancy. With the added bonus a landlord can now enforce pet damage insurance for extra security, this is potentially a win-win situation.
How to manage a pet permission request from an applicant:
On receipt of an application ensure you respond in a timely manner and gather robust timeline documentation.
1 - Written request submission
Tenants must submit a formal written request with pet specific details.
2 - Respond within 28 days
Landlords should respond to the pet request in writing within 28 days. This response should either approve or decline the request.
The landlord can request further information during the same period i.e. dog breed, age, if it is a puppy there is more potential for damage i.e. accidents on flooring, scratched furniture and frayed carpets from claw action. Details on vaccination history may also be requested within the 28 day timeframe.
3 - Extending decision deadlines
If the tenant provides additional information, the landlord can extend the decision deadline by seven days. However, if they fail to respond to the request for more information, the landlord doesn’t need to take any further action.
4 - Head-lease restrictions must be considered
Where a superior landlord’s consent is required, the landlord must forward the request for permission to the superior landlord within the 28-day timeframe. The Landlords decision to the tenant can then be delayed up to 7 days after receiving a decision from the superior landlord.
It is worth pointing out that even if a pet belongs to a friend (dog sitting) or family, landlord permission is still required if it consistently lives at the property. Without this permission the lease is in breach.
Audit trails
Tenants, as mentioned above, may challenge your decision to refuse a pet request. A clear documentation trail of all communications is vital as this will be requested by the courts or Ombudsman.
An acurate and detailed inventory is vital at the start of a tenancy. If you require any assistance with your property management or inventory requirements in the Oxford area including Abingdon, Didcot, Wallingford, Witney, Woodstock & Burford please call me Julie Godard on 07557008203 or visit our website https://www.abbeyindependentinventories.co.uk