Renters' Rights Act: New pet request documents now live
Vital new documents that will help you assess tenants' requests to have pets are now available to download for free from the NRLA website. New rules on pets are coming in under the Renters' Rights Act, meaning landlords will have to consider all requests - and cannot unreasonably refuse them.
The forms will allow you to create a formalised process and paper trail to ensure you are meeting your obligations under the Act and making decisions in a fair and reasonable manner, as well as informing tenants of their responsibilities if permission is granted.
What do the new rules say?
Under the Act, coming into force on 1st May, tenants who want pets will have to put the request to you in writing – and include 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, after which you will have seven days to respond to your tenant.
If you do not respond within this time period, they will be able to apply to the County Court, which could enforce the rules if it believes you’re not meeting your obligations.
How do I use the new documents?
The documents we have created include:
- A pet request form: This is a form you can send to your tenants to get reasonable further information about the pet (and them as the owner) so you can assess the request properly. This includes full details of the pet, including whether they are microchipped and spayed, as well as asking for information about their temperament, and requesting a pet reference from a previous landlord where possible.
- A set of conditions for responsible pet ownership while the pet resides in the property: This sets out the tenant’s obligations on when it comes to taking care of the pet and ensuring it doesn’t cause a nuisance. It also includes rules on suitable care for the animal if the tenant is away, and setting out an expectation that the pet is vaccinated and has regular flea and worming treatments. It also informs tenants they will be responsible for any damage caused.
- A form in which you can detail how you set about making your decision: This is especially important should you refuse a request as the tenant could apply to the county court to challenge the decision.
Making your decision
In the Government’s guidance it has been very clear that you can only refuse a pet if there is a compelling reason to do so, for example if:
- another tenant has an allergy
- the property is too small for a large pet or a number of pets
- the pet is illegal to own
- you’re a leaseholder, and your freeholder does not allow pets
You won’t be able to refuse if you:
- just don't like pets
- have had issues with tenants who had pets in the past
- have had previous tenants with pets who damaged the property
- have general concerns about potential damage in the future
- think a pet might affect future rentals
- know the tenant needs an assistance animal, such as a guide dog.
NRLA head of policy James Wood said: “These documents will help support you when it comes to making an informed decision and remind you to adhere to the prescribed timeframe.
“They can also be used as supporting evidence should a tenant challenge your decision in county court.
“When considering pet requests, it is important to remember you cannot have a blanket ban on pets, no matter what the property-type, and each request for a pet must be considered on a case-by-case basis.”
Join our next Renters' Rights webinar
Our next member webinar, on 18th February will focus on starting new tenancies once the Renters’ Rights Act comes into force on May 1st.
This will include the wording of the new agreements – announced by the Government last month, and how to use them.
The presentation will be followed by a live Q&A with the session running from 11am – 12pm.
To register click here, and if you’d like to submit any questions in advance, please email [email protected]
More information
- To download the new documents click here.
- To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.
- To read the latest from the Government on the rules surrounding pets after 1st May click here.
- We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.
- The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.
- You can also listen to the latest episode of NRLA podcast Listen Up Landlords which features discussions on pets in rented properties by clicking the link below.
