Landlords must let tenants keep chickens and rabbitsMake Text Bigger
Landlords with a no pets policy for rental properties need to watch out for a little known legal loophole which lets tenants keep chickens and rabbits.
The loophole was uncovered by a tenant with pet chickens who was threatened with action for breaching her tenancy agreement by a housing association.
Natasha Brooks keeps Penny and Henry in the garden of her Greater Manchester home rented from New Charter Housing Trust.
Miss Brooks scoured the law books and argued the landlord was wrong and that she had not breached the no pets clause in her tenancy agreement because the wording does not apply to pet chickens and rabbits.
The landlord’s legal team checked out her argument and confirmed Section 12 of The Allotments Act 1950 nullified a no pets policy in any assured shorthold tenancy agreement.
According to the Act, the occupier of any land has the right to keep pet chickens and rabbits and can build or place any buildings on the land for looking after them.
The right does come with conditions:
- Keeping chickens and rabbits as pets is allowed, but not for any trade or business, so selling eggs would negate the right
- Keeping the chickens and rabbits must not cause a health issue or nuisance, so complaints about restless chickens would probably mean losing the right to keep them as pets as well.
The law gives the right to the ‘occupier of any land’, which covers homes let on assured shorthold tenancy agreements.
A spokesman for the housing trust said: “The tenancy agreement is not explicit on the keeping of chickens. We are grateful to Ms Brooks for bringing to our attention the provision of Allotment Act 1950 which provides clarification and we are glad to have been able to resolve the matter before ending up with egg on our face.
“On this basis of the clarification provided by the Allotment Act, Ms Brooks can keep Henry and Penny, providing that all relevant tenancy conditions and legal obligations are complied with.”
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