New rules on pets – is your property a suitable home?

New rules prohibiting blanket bans on pets came into force under the Renters’ Rights Act last month, meaning you can only refuse a request where it is considered ‘reasonable to do so’. But what does this mean in reality? Policy officer Dan Carroll has spoken to animal charity Dogs Trust about what they consider makes a suitable home for a pet dog.

Since the new rules on pet requests were announced hundreds of you have called our landlord support line looking for clarification for how the new rules will work, whether there are limits to the type of pet you will be expected to house and what your rights are under the new system.

What do the new rules on pets say?

The full guidance is available here, but, in a nutshell, tenants who want pets will have to put the request to you in writing, including a description of the pet in question.  

Once they have made the request, you will have 28 days to respond, again, in writing.   

At this point you could request more information, such as the type, breed or size of the pet in question. Once they have provided that, you will have seven days to respond to your tenant with your decision. 

You can still refuse a pet request, but you must assess each request on its own merit. 

If you do not respond within this time period, or they believe you have unreasonably refused the request they will be able to apply to the  court, which may then order you to allow the pet to be kept at the property. 

On the face of it, it seems quite straightforward. The Renters' Rights Act hasn't removed your ability to refuse where it's genuinely justified, it has replaced an automatic “no” with a fair process. 

However, confusion is coming about over the meaning of the word ‘reasonable’ – a subjective term which is, of course, open to interpretation.

How do I make a decision?

Deciding whether to permit a pet in your rental property will usually involve assessing a range of factors such as: 

• the suitability of the property for the pet,  

• whether the tenant can show they will be a responsible pet owner,  

• whether the animal is potentially dangerous, and  

• whether a superior landlord and your lease bans you from accepting the pet – something which is always an acceptable reason to refuse. 

One of the first things you will need to consider is the type of pet. A request to have a small goldfish in a bowl, for example is likely to always be reasonable, but a request to have a dog in the property may require further information and deliberation.

Advice from Dogs Trust

Dogs Trust, the UKs largest dog welfare charity, has provided guidance to the NRLA on what may constitute reasonable housing for dogs – which you may wish to consider if a tenant requests permission for a dog.  

They told us:  

• Dogs can be kept in smaller homes, providing their physical and behavioural welfare needs are met. A dog's welfare needs are met primarily by sufficient exercise and enrichment, and owner commitment to meeting the individual needs of their dog. 

• Indoor space should be sufficient to allow for a dog to access objects /places that are necessary to maintain its welfare. For example, a dog bed/resting place and food/water bowls which can be accessed without obstruction.  

• Indoor space should also allow an owner to fulfil any specific requirements for their dog. For example, if a dog has food guarding tendencies or struggles to settle, there should be room for the dog to be separated from the people in the home. The use of doors, extra rooms, or barriers such as baby gates may be sufficient options for each case.   

• Indoor space should be hygienic and safe for a dog to live in. (We, at the NRLA, advise that landlords include how a tenant treats a property as part of their referencing checks.) 

• The number of dogs in a property may also be relevant to welfare, but cases in which a person owns multiple animals should be considered on a case-by-case basis, taking into account the property layout, owner experience, and the individual needs of the dog they are looking to rehome.  

• Having a garden can be beneficial to a dog but is not a requirement for being a responsible dog owner. Dogs can be sufficiently exercised and enriched through regular walks and access to safe outdoor areas, like parks and green spaces.

Government guidance

The Government has produced guidance giving examples of what it believes would be reasonable grounds to approve or refuse a pet request. 

In their view, it may be reasonable to refuse if: 

• Another tenant at the property has an allergy. 

• The property is too small for a large pet or for several pets. 

• The pet is illegal to own.

• You’re a leaseholder and the freeholder does not allow pets. 

They say it may not be reasonable to refuse a pet request if you: 

• Just don’t like pets.

• Have had issues with previous tenants who had pets in the past.

• Have had previous tenants with pets who caused damage.

• Have general concerns that there might be damage in the future.

• Think that the pet may affect future tenants.

How do I approach the process?

To ensure you are complying with the new rules, and to protect you if a tenant challenges a decision we are recommending you: 

1. Keep to the deadlines set out in the guidance and include the dates on correspondence: If there is an unavoidable deadline – such as obtaining information from a superior landlord, inform the tenant in writing.

2. Think about what information you need to make a decision. 

3. Consider your decision properly: Unless your superior landlord bans pets or the pet is illegal to own, you should make you’re your decision on the specific information received. 

4. Keep thorough records: This will help you evidence that you responded within the timeframes and properly considered the request. Records should include correspondence with the tenant, the superior landlord, any information that went into your decision, and a record of how you came to your decision.  

5. Have a suitable pet policy: Where you agree to grant permission for the pet it's good to set out clearly what you expect from the tenant in terms of care for the animal, the neighbours, and the property. Include reference to this policy in the tenancy agreement.  

This may sound complicated, but the good news is we have created a suite of documents to help you create a formalised process and paper trail when it comes to pet requests. These include a pet request form, pet policy and a template that you can use to record and evidence your consideration of the pet request.  

These documents – and further guidance on dealing with pet requests can be found on our website here.