Charity steps in as tenant allowed to keep cat despite initial refusal

A pet charity has helped a tenant secure permission to keep a cat in her home after explaining the new rules to her landlord.

AdvoCATS helped Ms A* (real name withheld) gain permission to keep her cat, Marshy,  after her landlord initially refused the request, saying the flat was too small.

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

One-bedroom flats are too small for pets

The pet charity said that when Ms A asked her landlord if she could keep a cat in her flat, she was told that “one-bedroom flats are too small for pets”.

AdvoCATS said that under the Renters’ Rights Act, landlords can no longer make “sweeping generalisations” when considering pet requests.

Tenants can submit a request to keep a pet and landlords have 28 days to respond in writing. If they fail to do so within that period, tenants can apply to the court. Landlords may request additional information about the pet, such as its size, but must do so within the initial 28-day period.

Once the tenant has provided the requested information, the landlord has seven days to issue a final decision.

In this case, AdvoCATS said that after it explained the rules to the landlord, permission was granted for the cat to remain in the property on the condition that Ms A took out pet damage insurance and agreed to have the flat professionally cleaned by the landlord’s chosen contractor at the end of the tenancy.

Landlord agreed for cat to stay

However, the charity drafted a response arguing that these conditions did not comply with either the Renters’ Rights Act or the Tenant Fees Act, providing supporting facts and web links.

AdvoCATS said that while pet damage insurance appeared in earlier versions of the Renters’ Rights Act, the provision was removed before Royal Assent.

Landlords and letting agents therefore cannot require tenants to purchase such insurance, or reimburse them for it, as a condition of keeping a pet.

The charity added that tenants can still choose to take out insurance voluntarily, and that Ms A had already offered to explore that option. It also said that requiring professional cleaning through a landlord-approved contractor is not permitted under the Tenant Fees Act 2019.

Following further correspondence, the landlord agreed to allow Marshy to stay.

Ms A said: “Having my cat with me means far more than simply being allowed a pet, he is family. He has been a constant source of comfort and companionship through some very difficult periods of my life.”

Jen Berezai, founder of East Midlands-based AdvoCATS, said: “This was a classic example of neither party quite knowing where they stand with the new legislation, which was quickly and simply resolved with some text drafted by AdvoCATS, the type of case that early indications lead us to believe is going to represent a significant percentage of our casework going forward. We’re so happy for Ms A and Marshy, and glad to have been able to help.”

Government guidance on pet requests

As previously reported by Property118, 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