Do I Have to Allow My Tenant to Keep a Pet in the Property?

Do I Have to Allow My Tenant to Keep a Pet in the Property?

The Renters' Rights Bill introduces significant changes regarding tenants' rights to keep pets in rental properties. As a landlord, it's essential to understand these changes to ensure compliance and maintain a positive relationship with your tenants.

Tenant vs. Applicant: Understanding the Distinction
It's important to differentiate between a prospective tenant (applicant) and an existing tenant. As a landlord, you retain the right to set your property's pet policy during the advertising and application process. This means you can lawfully specify a 'no pets' policy when marketing your property and select tenants accordingly.
However, once a tenancy agreement is in place, the dynamics change under the new legislation.

Rights of Existing Tenants Under the Renters' Rights Bill
The Renters' Rights Bill grants tenants the right to request permission to keep a pet in their rented home. As a landlord, you are required to consider such requests and cannot unreasonably refuse them.

Requirements for Tenant Pet Requests
Under the new rules, tenants must submit their pet request in writing and include a description of the pet they wish to keep. Landlords are then required to respond within 28 days of the date of the request.

If necessary, landlords can ask for additional information about the pet. If the tenant fails to provide the requested information, the landlord is not obligated to either grant or refuse consent.

Reasonable Grounds for Refusal
While the term "reasonable" isn't exhaustively defined, some scenarios where refusing a pet request might be considered reasonable include:
•    Property Size and Type: If the property is unsuitable for the type or size of the pet proposed.
•    Allergies: If another tenant in a multi-unit building has severe allergies to certain animals.
•    Leasehold Restrictions: If the property's leasehold agreement includes a 'no pets' clause imposed by the freeholder.

It is advisable to assess each request individually and provide clear, written reasons if you decide to refuse a pet request.
Protecting Your Property

To mitigate potential risks associated with pets:
•    Pet Insurance: The bill allows landlords to require tenants to obtain pet insurance to cover any potential damage caused by their pets.
•    Tenancy Agreements: Clearly outline the tenant's responsibilities regarding pet care and maintenance in the tenancy agreement.
•    Regular Inspections: Conduct periodic property inspections, with appropriate notice, to ensure the property remains in good condition.

Conclusion
While you can maintain a 'no pets' policy during the tenant selection process, the Renters' Rights Bill requires landlords to reasonably consider pet requests from existing tenants. By understanding these changes and implementing protective measures, you can uphold your property's standards while accommodating your tenants' rights.

If you're a self-managing landlord in the Wilton, Salisbury, Warminster, or Amesbury area and are unsure about how the Renters' Rights Bill affects you, you're not alone. At Piccolo Property, we offer clear, practical advice to help you stay compliant and confident. To learn more, have a read through our blog series or get in touch on 01722 580059