For many of us, our animals aren't just pets; they're family. However, being a proud pet owner and renting don't always go hand in hand, with some landlords preferring not to let their properties to tenants with pets for various reasons.
Understandably, this is frustrating whether you already have pets and you're looking for a place to live or you're a tenant considering getting a pet.
In this article, we'll tell you what the law really says about the contentious issue of whether landlords can refuse pets. We'll also explore how the new Renters (Reform) Bill may change the rules on whether landlords can refuse pets.
Table of Contents
- Can landlords refuse pets?
- 5 reasons landlords can refuse pets
- How does the Model Tenancy Agreement support pet owners in the private rented sector?
- How will the Renters Reform Bill support pet owners in the private rented sector?
- What counts as a reasonable reason for a landlord to refuse a pet?
- What actions can tenants take if a landlord refuses a pet?
- What happens if a pet causes damage to a rented property?
- How can Lawhive help?
Can landlords refuse pets?
Landlords can legally include a 'no pets' clause in their tenancy agreement. So, yes, they can refuse pets. However, the Consumer Rights Act 2015 prohibits unfair contract terms. This means a blanket ban on pets could be ruled invalid if successfully challenged in court.
Instead of a blanket ban, landlords may write into their tenancy agreement that tenants need permission to have a pet. However, as part of this, they can't charge tenants a fee for permitting pets nor can they ask for a deposit higher than the cap set by the Tenant Fees Act 2019.
If a tenancy agreement doesn't mention pets, it's harder for landlords to argue that they aren't allowed.
5 reasons landlords can refuse pets
Landlords choose to include no pets clauses in their tenancy agreements for many reasons, such as concerns about property damage and disturbances. Here are some common reasons:
Property damage
Insurance costs
Suitability of the property
Potential to cause a nuisance
Terms of the leasehold agreement.
Property damage
Many landlords restrict pets because of the potential for significant damage, especially from young or energetic pets like puppies.
Repairing damage caused by pets can be costly for landlords. From redecorating to carrying out repairs, the expenses can quickly add up.
To reduce these risks, landlords may choose to include no pets clauses. While this approach may seem restrictive to tenants with pets, it's often a measure to protect the property's condition and minimise financial losses.
Insurance costs
Standard insurance policies typically don't cover damage caused by pets, leaving landlords to foot the bill themselves.
Alternatively, landlords may have to pay higher insurance premiums to offset the increased risk of potential pet-related damage.
Suitability of pets for the property
Certain properties might not be suitable for certain pets. For example, a large dog may not have enough space to move around comfortably in a small apartment. Similarly, there might not be enough outdoor space for pets to exercise and play safely.
Causing a nuisance
Pets, especially dogs and birds, can make noise that disturbs neighbors. Persistent noise or antisocial behavior, such as failing to clean up after the pet or owning an aggressive animal, can escalate into disputes with neighbors. These disputes may result in formal complaints or legal action.
Landlords aim to maintain positive relationships with neighbors so they may refuse pets to reduce the risk of conflicts arising from noise or disruptive behavior.
Leasehold agreements
Leasehold properties often come with specific restrictions on pet ownership outlined in the lease agreement.
Residential leases may include provisions that restrict the types of pets allowed or prohibit pets altogether. In such cases, landlords have little discretion in permitting pets, as they must comply with the terms of the lease agreement.
How does the Model Tenancy Agreement support pet owners in the private rented sector?
The Model Tenancy Agreement is a contract template drawn up by the government that is recommended for use by private landlords.
This tenancy agreement does not include a no-pets clause but says that tenants must get written consent to keep pets and landlords must object in writing within 28 days, providing a valid reason.
Landlords who use the MTA can only refuse pets if there is a good reason and tenants are responsible for repairing or covering the cost of any pet-related damage to property.
It's important to note that landlords do not have to use the Model Tenancy Agreement and until the Renters Reform Bill becomes law, can legally prohibit pets in their tenancy agreements.
How will the Renters Reform Bill support pet owners in the private rented sector?
Under the new Renters (Reform) Bill landlords can't automatically refuse pets. Tenants can ask if they can have a pet and challenge any unreasonable refusals. Landlords have 42 days to decide if tenants can keep a pet. If they need more time, they can ask for an extra week.
The Bill also tackles landlords' worries regarding pet-related damage by allowing them to request that tenants get insurance covering such damage. This places the responsibility on tenants to prevent and address any damage caused by their pets.
However, the Renters (Reform) Bill is not yet in force and the government plans to implement the new system regarding pets in rental properties in two stages, which may cause further delays.
What counts as a reasonable reason for a landlord to refuse a pet?
Sometimes, it is always reasonable for a landlord to refuse pets. For example, if they own a leasehold property and their landlord (the freeholder) prohibits pets.
Other than circumstances like this, there are no hard and fast rules from the government about what counts as a reasonable reason for refusing pets in a rented property. Rather landlords must carefully consider the request, the property, and the tenants on a case-by-case basis.
They might refuse a pet if the property isn't suitable for the pet or if other tenants are allergic.
What actions can tenants take if a landlord refuses a pet?
Until the Renters (Reform) Bill becomes law, landlords can refuse pets in their rental property if it's included in the agreement.
So, as it stands today, if a landlord refuses pets, tenants can only do their best to try to persuade their landlord. For example, you might proactively suggest taking out appropriate insurance that covers pet-related damage or paying a higher deposit (providing it follows the deposit cap outlined in the Tenant Fees Act 2019).
However, none of these actions mean a landlord must accept pets if the tenancy agreement prohibits them without the landlord's permission. If a landlord refuses and you get a pet anyway, you would be breaching your tenancy agreement which could lead to action such as eviction.
When the Renters (Reform) Bill achieves Royal Assent and becomes law, if a tenant thinks a refusal to keep a pet is unreasonable, they can complain to the Private Rented Sector Ombudsman or court, who will decide based on evidence.
What happens if a pet causes damage to a rented property?
If a pet causes damage, landlords can ask tenants to use their insurance to cover the repair or replacement. Alternatively, a tenant's deposit can be used to cover damages.
If a pet causes extreme damage which a tenant's insurance or tenancy deposit doesn't cover the full cost of, landlords can take tenants to court to recover the additional funds.
How can Lawhive help?
At Lawhive, our network of landlord and tenant lawyers is here to provide affordable, accessible legal advice.
Whether you're a tenant questioning your rights, a landlord looking to draw up legally compliant tenancy agreements that protect your interests, or you need advice about legally evicting a tenant who has breached their tenancy, we can help.
Get in touch with our legal assessment team today for a free case evaluation and quote.