Landlords receive guidance on reasonable pet requests

An animal charity has issued guidance to landlords regarding tenants’ requests to keep pets.

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

Dogs Trust has spoken to the National Residential Landlords Association (NRLA) about what landlords need to consider when assessing requests from tenants to keep pets.

Case-by-case basis

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.

However, many landlords are struggling over what constitutes a reasonable request to keep a pet and how to assess requests fairly.

Dogs can be kept in smaller homes

Dogs Trust has told the National Residential Landlords Association (NRLA) that a reasonable request for a pet depends on different circumstances.

The charity says: “Dogs can be kept in smaller homes, providing their physical and behavioural welfare needs are met. A dog’s welfare needs are met primarily by sufficient exercise and enrichment, and owner commitment to meeting the individual needs of their dog.

“Indoor space should be sufficient to allow for a dog to access objects /places that are necessary to maintain its welfare. For example, a dog bed/resting place and food/water bowls which can be accessed without obstruction.

“Indoor space should also allow an owner to fulfil any specific requirements for their dog. For example, if a dog has food guarding tendencies or struggles to settle, there should be room for the dog to be separated from the people in the home. The use of doors, extra rooms, or barriers such as baby gates may be sufficient options for each case.”

The NRLA writes on its website that it also recommends indoor spaces should be hygienic and safe for a dog to live in, and advises landlords to include how a tenant treats a property as part of their referencing checks.

Dogs Trust also says: “The number of dogs in a property may be relevant to welfare, but cases where a person owns multiple animals should be considered on a case-by-case basis, taking into account the property layout, the owner’s experience, and the individual needs of the dog being rehomed”.

The charity adds that having a garden can be beneficial, but it is not a requirement for responsible dog ownership.

Government guidance on pets

As previously reported on 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

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.