With more people owning pets, landlords are increasingly being asked to allow animals in rental properties. While pets can bring long-term tenants and happier homes, they also raise concerns like potential damage or cleanliness issues. It’s important for landlords to understand their rights and responsibilities, as well as the changes coming under the Renters’ Rights Bill.

In this insight, Oliver Wade, Paralegal in our award-winning Landlord & Tenant Team, breaks down the key points landlords need to know about pets in rental properties.

Current Rules for Pets in Rental Properties

Assistance Dogs and Anti-Discrimination Laws

Landlords must accommodate tenants with recognised disabilities who rely on assistance dogs. These animals are not classed as pets but are essential aids and refusing them would breach anti-discrimination laws.

Furry Friends

When it comes to other furry, fluffy, or even scaly companions, the main concern for landlords is usually property damage. Previously, landlords could charge higher deposits for tenants with pets, offering an extra layer of security. However, the Tenant Fees Act 2019 capped deposits at five weeks’ rent, effectively banning the use of ‘pet deposits.’

This left landlords with few options to cover potential damage caused by pets. Some chose to raise rent instead, but this is only allowed if the tenancy agreement permits or if the tenant agrees to the increase.

Model Tenancy Agreement Updates

In 2021, the Conservative government updated the Model Tenancy Agreement to discourage blanket bans on pets. This template, while not legally binding, includes clauses making it harder for landlords to refuse tenants who request to keep pets.

Tenants don’t have an automatic right to keep a pet; the tenancy agreement determines whether pets are allowed. Most agreements include a clause requiring tenants to seek the landlord’s consent for a pet, and landlords are expected to provide reasonable grounds if they refuse. Blanket bans are often considered unfair under consumer rights laws and may be unenforceable.

However, landlords can refuse pets in specific situations, such as if a lease agreement for the property prohibits them.

What’s Changing Under the Renters’ Rights Bill?

A Formal Process for Pet Requests

The proposed Renters' Rights Bill gives tenants the right to request a pet in writing. Landlords can only refuse such requests if they have reasonable grounds. This change aims to strike a fair balance between landlords’ interests and tenants’ growing desire for pet-friendly homes.

Pet Insurance as a New Requirement

Under the bill, tenants who keep pets will need to arrange pet insurance. This requirement will become a standard term in tenancy agreements. If tenants fail to maintain insurance, they will breach their agreement.

The addition of pet insurance provides landlords with greater reassurance that potential damage caused by pets will be covered.

How Landlords Can Protect Their Properties

The Renters’ Rights Bill is going to bring some big changes to how things work in the rental market. But don’t worry – there are a few straightforward steps landlords and agents can take to feel ready and keep their properties protected:

1.      Update tenancy agreements: Include clauses that reflect the new rules, such as the pet insurance requirement, and ensure they clearly outline tenant responsibilities for pet-related damage.

2.      Create a detailed inventory: Record the property’s condition at the start of the tenancy. This will act as evidence if there are disputes about damages at the end of the tenancy (allowing for fair wear and tear).

3.      Carry out regular inspections: Check that the property is being well maintained and that the tenant is looking after the pet properly.

4.      Consider the property’s suitability: If a tenant requests a pet, consider the property’s leasehold terms, size, and layout. Is the property appropriate for the type of pet they want to keep?

5.      Monitor animal welfare: If there are signs the pet is not being cared for, consider reporting concerns to the relevant animal welfare authorities.

Taking these steps can make it easier for landlords to enjoy the perks of allowing pets while keeping their property safe and meeting all the necessary rules. A little preparation now can go a long way in making sure you’re ready when the changes come into play.

Specialist Advice for Landlords from Woodstock Legal Services

Pets in rental properties can feel like a tricky area to manage, but you don’t have to figure it out on your own. At Woodstock Legal Services, we provide expert advice tailored to landlords to help you prepare for these changes and protect your property.

Contact Oliver Wade, Paralegal in our award-winning Landlord & Tenant Team, at contact@woodstocklegalservices.co.uk or complete the form below to find out how we can help.