The Government’s intentions are to revise the model tenancy contract to remove the restrictions on ‘well behaved pets’. The model contract will be provided by Government and will be the recommended (not required) contract for landlords to use when renting to tenants in England. We are expecting the template to be published sometime this year. 

The Government advice is that a total ban should only be implemented where there is good reason. Consideration must be given to the suitability of having the pet in the property. Things to consider include, the size of the property, type and size of the pet, for example. 

It should be noted that if the property is leasehold, there is usually a restriction on having pets in the lease, and a landlord will be required to comply with the terms of their lease. 

Currently a clause prohibiting pets is subject to the Consumer Rights Act 2015, under which, the clause should allow the tenant to request permission to keep a pet and that request should not be unreasonably refused. Some landlords do amend their tenancy agreements to remove the clause allowing tenants to request permission in preference for an outright ban. However, in effect this renders the whole clause invalid and means there is no clause in the agreement stopping a tenant from keeping a pet! Instead, we would advise an amendment to the clause to request written permission plus additional conditions to be met, such as the tenant agreeing to make good any damage caused by that pet. 

Housing Secretary Rt Hon Robert Jenrick MP said:

Even animal loving landlords will have some concerns. The Government has already implemented the Tenant Fee Ban which caps the deposit at 5 weeks rent (if the total annual rent is less than £50,000). Landlords are prevented from taking a higher deposit in all circumstances and there are no special provisions or exemptions for pets. 

Landlords and agents have attempted to circumvent the tenant fee legislation by increasing the rent for tenants with pets. 6 months into the ban. There now exists debate as to whether this is still in a breach of the legislation. ARLA are of the view that you can increase the rent. However Trading Standards (who have the ability to enforce the legislation) are of the opinion that taking increased rent for tenants with pets is wrong, and could be deemed a fee. They have advised to exercise caution, as the law is currently untested.

If a landlord does take on tenants with pets, it is advisable to have a signed pet policy setting out the terms upon which both parties agree, to protect the landlord and the property as much as possible. The team at Woodstock can assist with any pet clause or policy requirements, so please do not hesitate to contact.