Government tells landlords how to handle pet requests and refusals

The government has released guidance on what landlords need to do when their tenants request a pet.

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

The government have listed examples and refusals on when landlords can refuse pets and when they cannot refuse.

Landlords must consider each request on a case-by-case basis

If a tenant requests permission to keep a pet, they must do so in writing and include a description of the pet in their request.

According to government guidance, landlords must consider each request on a case-by-case basis.

Once the tenant has submitted their request, the landlord has 28 days to respond in writing. If a landlord does not respond within 28 days, the tenant will then be able to apply to the court.

Landlords may ask the tenant for additional information about the pet if necessary, for example, details about the pet’s size. If the landlord requests further information, they must do so within the initial 28-day period, and the tenant must reply. Once the tenant responds, the landlord then has seven days to provide their final decision.

The government provides the following example: “Your tenant asks if they can have a dog. You will have 28 days to respond to them.

“You’d like more information about the size of the dog and whether it is house trained, so you ask the tenant within the 28 days.

“They reply and tell you it’s a small dog that is trained.

“You then have either the remainder of the original 28 days or an extra seven days to respond with your final decision, whichever is later.”

Guidance for landlords for when they can refuse a pet

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

Circumstances landlords cannot refuse a pet

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.

Landlords also need to be aware the government guidance says: “If the landlord agrees to your tenant having a pet, the landlord will not be able to change their mind later. The tenant having the pet you have agreed to will not be considered a breach of the tenancy agreement. If a tenant wants another pet, they will have to ask for the landlord’s consent again.”

Landlords will be able to choose to keep money from the deposit to cover repair costs

The government has also confirmed landlords will be able to choose to keep money from the deposit to cover repair costs caused by pet damage.

However, landlords will not be able to claim for the same damage twice, such as from insurance and the deposit.

As previously reported, by Property118, an amendment to the Renters’ Rights Bill to allow landlords to take a separate pet damage deposit of up to three weeks’ rent on top of the usual deposit cap was rejected.

The government also removed the right for landlords to require pet damage insurance.