Currently, very few landlords allow tenants to keep pets. This can be for many reasons, including the belief that pets will cause damage or nuisance.
However, when the Renters’ Rights Bill comes into force, this will no longer be the case. Following this, there will be an implied term in every tenancy agreement that a tenant may keep a pet, with the landlord’s consent, unless the landlord reasonably refuses.
The Bill will also insert a new definition of pets which will be as follows:
“pet” means an animal kept by a person mainly for –
- Personal interest, (b) companionship, (c) ornamental purposes, (d) or any combination of paragraphs (a) to (c)
Right to request
When the Bill comes into force, tenants will have a right to request to keep a pet in the property which they are renting. Any such request should be in writing and give a description of the pet.
Even if the pet does not belong to the tenant, for example if a family member’s pet spends a significant amount of time at the property, the tenant is still required to seek permission from the landlord. If this is not done, it will be a breach of the tenancy agreement.
Landlord’s response
After a request is made, the landlord will usually have 28 days to either give or refuse permission.
If they require any further information to make their decision, they should request this within the 28 days. They will then have a further 7 days from the date that they receive the further information to make their decision. If there is a head-lease which requires permission from the superior landlord for any pets to be kept at the property, they will need to write to the superior landlord within the 28-day period. If required, the response can be delayed until 7 days after they have heard back from the superior landlord.
Unless there is a reasonable reason not to, the landlord will have to accept the request.
Grounds for refusal
What is reasonable will depend on the specific situation, and there is likely to be guidance published on what may constitute a reasonable refusal.
Acceptable reasons to refuse may be:
- The headlease forbids pets
- The property is unsuitable for pets
- Allergy or health concerns for other tenants (or the landlord if self-managing)
- Previous negative references regarding the pet or history of poor behaviour
- The other tenants to the property have been consulted and do not want pets
Challenging a refusal
If a landlord refuses consent and the tenant deems this to be unreasonable, they do have the option of applying to the redress scheme to challenge this decision.
A court will also be able to order specific performance i.e., order the landlord to permit the pet.
Insurance
The Tenant Fees Act will be amended to allow landlords to charge tenants for insurance cover if they have agreed to allow a pet.
Tenants will also be liable for any excess payable under the policy.
Should you need any further advice on landlord and tenant law please contact our specialist solicitors on 01616 966 229 or complete our online enquiry form.
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