Renters’ Rights: Pets in lets – here’s what you need to know
Rules around pets in rented homes are changing under the Renters’ Rights Act – with the new legislation meaning you will have to consider all requests for pets - and cannot unreasonably refuse them.
But what does this actually mean?
Until recently firm guidance as to how this will work in practice has been notable by its absence. However the Government has now issued some guidance as to how this will operate in practice.
The process
Firstly, any request to keep a pet must be made in writing and will need to include a description of the pet in question.
You cannot have a ‘blanket ban' on pets, and each request must be considered on a case-by-case basis.
Once your tenant has asked for a pet, you will have 28 days to respond 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 can enforce the rules if it believes you’re not meeting your obligations.
Real life example
In its guidance – published alongside its Renters Rights Act timeline – the Government gave the example of a tenant asking to have a pet dog.
In this instance the tenant requests the dog.
You would like more information about the size of the dog and whether it is house trained, so you ask the tenant within the 28-day period.
They reply and tell you it’s a small dog that is trained.
You then have EITHER the remainder of the original 28 days OR an extra seven days to respond with your final decision – whichever is later.
You will need to respond to your tenant to confirm whether you provide or refuse your consent (unless they do not give you the additional information that you ask for).
Remember: If you’re a leaseholder, you may need to ask for permission from your freeholder – with details on this included in the terms of your lease.
Can I change my mind?
In short, no. If you agree to your tenant having a pet, you will not be able to change your mind later, however if your tenant wants another pet, they will have to ask for your consent again.
When can I refuse a request for a pet ?
For many landlords this is the $64,000 question.
According to the Government it is reasonable to refuse a request in some circumstances, for example if:
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another tenant has an allergy
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the property is too small for a large pet or a number of pets
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the pet is illegal to own
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you’re a leaseholder, and your freeholder does not allow pets
What would be considered an ‘unreasonable’ reason?
Just as important are reasons you cannot give for saying no to a pet request.
Under the new rules it will not usually be reasonable to refuse if you:
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just don't like pets
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have had issues with tenants who had pets in the past
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have had previous tenants with pets who damaged the property
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have general concerns about potential damage in the future
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think a pet might affect future rentals
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know the tenant needs an assistance animal, such as a guide dog
What happens next?
If you refuse a request for a pet, you will need to respond to your tenant in writing explaining the reasons why you are saying no.
Your tenant will have the right to challenge the refusal if they believe it is unreasonable by submitting a complaint to you or applying to the court to start court proceedings against you.
What happens if they move an animal in without permission?
If your tenant keeps a pet without your permission, they may be breaking the terms of the tenancy agreement and you may be able to apply to court to seek possession or force them to remove the pet. However, if you are seeking possession it would be up to a judge whether to grant it or not.
If the animal causes damage you can seek to reclaim the costs of this from a deposit or directly from the tenant. If they did not ask permission for the pet, this would likely increase your chances of successfully deducting from any deposit at the end of the tenancy.
What can I do to protect myself when it comes to possible damages?
You will be able to choose to keep money from the deposit to cover repair costs caused by pet damage, or take out pet damage insurance, although you will not be able to claim for the same damage twice, or you may be committing fraud.
You could also ask for a guarantor so that you have more options in the event of damages.
What do I do if there are issues once the pet is living in the property?
If you’re concerned about a pet at the property, the first thing to do is to speak to your tenant to try and resolve any problems. You should also read the antisocial behaviour guidance if your tenant’s pet is causing a nuisance or annoyance.
If you have specific concerns about the pet’s welfare you can contact:
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your local council
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the police
More information
NRLA insurance partner Total Landlord offers a pet damage protection insurance extension for NRLA members. For more information click here.
