Councils urged to consider pets in temporary accommodation

The government claims councils should try to accommodate pets in temporary accommodation, but admits this may not be suitable in all cases.

In a written parliamentary answer, homelessness minister Florence Eshalomi said councils must give careful consideration to applicants who want to keep pets in temporary accommodation.

Under the Renters’ Rights Act, tenants have the right to reasonably request a pet, and landlords cannot unreasonably refuse permission.

Not all temporary accommodation suitable for pets

Ms Eshalomi said: “Local authorities must ensure that temporary accommodation is suitable for applicants and members of their household, taking account of their needs, requirements, circumstances and the location of the accommodation.

“The Homelessness Code of Guidance, encourages housing authorities to give careful consideration to applicants who wish to retain their pet. Local authorities do their upmost to try and accommodate this, however, not all types of temporary or emergency accommodation are suitable for pets, as there may be limited facilities and space available.

“Recognising the importance of pets, the Renters’ Rights Act introduced an implied term into private sector assured tenancies, that enables tenants to ask the landlord for permission to keep a pet, and when they do so consent cannot be unreasonably refused.”

Government guidance on pets for PRS landlords

In the private rented sector, private landlords must consider each pet request on a case-by-case basis.

The government has also provided guidance on situations in which landlords may refuse a tenant’s request to keep a pet. These include:

• Another tenant has an allergy – however, the guidance does not specify that a landlord’s own allergy is grounds for refusal.
• the property is too small for a large pet or several pets
• the pet is illegal to own
• if you’re a leaseholder, and your freeholder does not allow pets

The government has also set out circumstances in which landlords cannot refuse a request for a pet, such as:

• do not like pets
• have had issues with tenants who had pets in the past
• have had previous tenants with pets who damaged the property
• have general concerns about potential damage in the future
• think a pet might affect future rentals
• know the tenant needs an assistance animal, such as a guide dog

A landlord refusing a pet request must respond to the tenant in writing and clearly explain the reasons for the refusal.

The tenant has the right to challenge the refusal if they believe it is unreasonable. They may submit a complaint to the landlord or apply to the court to begin legal proceedings against the landlord.