Renters’ Rights Act: Pets in rental properties: Your FAQs
Renters’ Rights Act: Pets in rental properties
Pets in rental properties is always a hot topic, with more than 600 of you joining this week’s webinar to find out more about the new rules coming into force under the Renters’ Rights Act. More than 140 questions were received by our policy team ahead of the recording, and here we answer some of the most common enquiries.
Frequently Asked Questions
The session also offered you the option to submit your own questions to our expert team, with more than 140 received.
Among the most common were:
How do I manage requests for a pet in an HMO property?
This can be a tricky area, especially if tenants don’t agree.
In this instance the landlord has to balance the tenant’s right to request to keep a pet against the rights of other tenants present in the property.
Although landlords must treat each request on a case-by-case basis, it is likely that if other tenants didn’t want one a landlord could refuse on that basis, particularly if it is a room-only HMO. In this case the tenant only has a tenancy for an individual room, which is not likely to be considered enough space for a pet.
What if I say yes to a pet but it causes damage? Can I ask my tenants to take out insurance to prevent this?
Proposals around pet insurance were discussed when the Bill was being scrutinised and amended as it made its way through Parliament. Ultimately, however, provisions were not included in the final Act.
Landlords are also unable to take a larger deposit if their tenant has a pet.
You can, however, claim on the deposit for pet damage, as long as you have strong evidence showing the property condition at the outset of the tenancy, and at the end. Properly drafted check-in and check-out reports will help you with this.
If the deposit alone doesn’t cover the damage, you could make a separate claim in court to recover the money from the tenant. You can hear more about this in our podcast below.
You can, as a landlord, pay for pet damage protection insurance from your own pocket, with NRLA partner Total Landlord offering a product, which you can find more about here.
Can I ask how the dog is to be cared for and looked after in the day. If it is to be left alone at the property all day is that a valid reason for refusal?
Each pet request needs to be considered on its own merits, and so we encourage landlords to gather as much information as possible when a request is made, or even at the application for a tenancy stage.
Landlords should find out what type of animal is being requested, what breed and size it is, what training it has had, if it is up to date on vaccinations etc. This can be assessed alongside the space available at the property and any green spaces nearby.
Asking how the tenant will be looking after the animal is relevant, as if a dog were to be left alone all day for example, it may create more noise and damage than if someone was at home with it.
That said some dogs are quite capable of being left alone for several hours if trained well, so the information gathering is key here.
What if my tenant gets a pet without asking permission. Is there anything I can do?
With the introduction of the new right to request a pet, it is expected that most tenants will choose to follow the rules.
However there will likely be some tenants who choose to flout these rules and simply take a pet into the property without discussing it with the landlord.
New tenancy agreements, coming in under the Renters’ Rights Act will include a clause relating to pets, stating the tenant can keep a pet if they request to do so in accordance with the law and the landlord consents to it, and, that the landlord will not unreasonably withhold their consent.
Keeping a pet without asking would, therefore, put the tenant in breach of their contract.
We would recommend you discuss it with them first of all, to see if they would consider giving the pet up. If you cannot work any other option out, you could choose to serve a section 8 notice underground 12 for breach of tenancy.
However, a word of warning …. this notice is discretionary, so decision as to whether to grant possession - or not - would be down to the judge and the decision might not go your way.
I let out a flat in a block to my tenants. In my lease with the freeholder, they do not permit animals of any kind at the property. I’m confused. Do I have to accept pets now?
No. In situations where you are prevented from allowing pets at the property by a superior lease, you would not be expected to allow tenants to get a pet. In this instance you would be able to advertise the property as not suitable for pets because of this. The law does not require you to put yourself in breach of your head lease.
Next in our Renters’ Rights webinar series
Our next webinar, on 4th March will look Houses in Multiple Occupation (HMOs), asking that, With few specific provisions for houses in multiple occupation (HMOs) in the Act, how can you make sure your tenancies work effectively? The webinar will cover issues including the end of fixed term, dealing with antisocial behaviour, and starting new tenancies The webinar will be held on Zoom on and will run from 11am-12noon. To book your spot click here.
Our following webinar, on 19th March will cover discrimination, advertising and referencing, outlining what the new rules mean in practice and what you need to do to ensure you are selecting tenants fairly and legally, while protecting your business. The webinar will be held on Zoom and will run from 11am-12noon. To book your spot click here.
To submit questions for either webinar ahead of time email [email protected]
More information
- 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 our podcast, which covers the issue of pets in lets below:
