9:56 AM, 8th July 2024, About 3 months ago 18
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Landlords have long struggled with tenants wanting to keep pets in rental properties.
For landlords, pets pose an unpredictable risk of property damage.
For tenants, pets are cherished family members, making the idea of renting a home and giving up a pet like Rover or Tigre unthinkable.
Traditionally, landlords have managed this risk by requiring additional deposits to cover potential pet damage and including mandatory pet-cleaning clauses in tenancy agreements.
Impact of the Tenant Fees Act 2019
The introduction of the Tenant Fees Act 2019 changed the landscape. This legislation prevents landlords from taking additional deposits for pets and from imposing fixed costs for professional pet cleaning at the end of a tenancy.
Landlords’ Response to New Legislation
Landlords have adapted to these changes. According to numerous industry reports, many landlords have responded by raising the rent for tenants with pets, sometimes by as much as £50 per pet per month, which can be costly for tenants with multiple pets.
Relief for tenants hidden in the Allotments Act 1950
Interestingly, there is some little known relief for tenants hidden in the Allotments Act 1950. Section 12 of this Act nullifies any lease or tenancy clauses that restrict the keeping of hens and rabbits, making it legal to keep these animals without the landlord’s permission.
However, the Act stipulates that the animals must be kept in conditions that do not harm their welfare or cause a nuisance to others.
Therefore, if your prospective tenant has a pet rabbit or wishes to keep hens, there is nothing the landlord can do to prevent it.
Service and Support Animals: Reasonable Adjustments
Most landlords hesitate to allow tenants to rent with pets, and many tenancy agreements include a standard ‘No Pets’ clause. However, if a tenant requests to have a service or support animal, landlords cannot refuse without a very good reason. Under the Equality Act 2010, these necessary changes are called ‘reasonable adjustments.’ Reasonable adjustments apply if the tenant has a disability as defined in Section 6 of the Equality Act 2010.
Legal Requirements for Reasonable Adjustments
Reasonable adjustments can include changes to policies, practices, or tenancy terms, such as modifying a ‘No Pets’ clause.
They can also involve providing extra equipment or support, known as auxiliary aids.
The duty to make these adjustments is detailed in Sections 20, 21, and 36, and Schedules 4 and 5 of the Equality Act 2010. If a landlord refuses to make a reasonable adjustment, they may be discriminating against the tenant and acting illegally, which could result in fines or prosecution.
Case Law: Thomas-Ashley v Drum Housing Association Ltd
In the case of Thomas-Ashley v Drum Housing Association Ltd [2010], the court ruled that it was reasonable for the landlord to refuse a disabled tenant’s request to keep an assistance dog, given the specific terms of the lease and the landlord’s reasons. This was despite the tenant’s clear need for the dog on health grounds and the impact the refusal had on the tenant’s ability to remain in the property.
Navigating pet policies in rental properties requires understanding both legislative changes and tenants’ rights. While the Tenant Fees Act 2019 has limited landlords’ ability to charge extra for pets, the Equality Act 2010 mandates reasonable adjustments for service and support animals, highlighting the need for landlords to carefully consider each situation to avoid discrimination and legal repercussions.
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Beaver
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Sign Up10:53 AM, 8th July 2024, About 3 months ago
In my experience pets do less damage than landlords children. I don't mind pets if the tenants repair or pay for any damage. But the post is correct; the only thing you can do legally at the moment to decrease your risk is to raise the rent. You have no other option under the law.
The post says that typically landlords will raise the rent by £50 per pet PCM if the tenant has pets. But if my experience is anything to do by landlords should raise the rent by £100 per child PCM.
Clearly I don't have a problem with people having children or pets. But it just costs more than 1-2 adults in a small house or flat.
moneymanager
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Sign Up11:30 AM, 8th July 2024, About 3 months ago
Our leases contain a no pets clause but we have encountered a couple of 'support dog' claims which were clearly just trying it on and unfortunately being aceeded to, yet another example of intrusive status into people's lives.
Quite apart from the rented apartment, why should ALL leaseholders have to bear costs for common parts cleaning sustained?
Dylan Morris
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Sign Up11:38 AM, 8th July 2024, About 3 months ago
Reply to the comment left by moneymanager at 08/07/2024 - 11:30
I’m no legal expert but if a lease to a flat stipulates no dogs are allowed I would have thought this cannot be overturned even if the animal is a support dog. Can the Equality Act 2010 really do this ?
Martin
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Sign Up11:42 AM, 8th July 2024, About 3 months ago
Reply to the comment left by moneymanager at 08/07/2024 - 11:30
There is a trend towards "emotional support dogs" nowadays, essentially any dog can be declared as a support dog!!
Martin
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Sign Up11:48 AM, 8th July 2024, About 3 months ago
There needs to be some exemptions, notably students having the right to have pets. I have had a student that had a house rabbit, even though I said no pets in the AST.
Following a conversation not only were they doing a Uni course, they also had a job for one and a half days at the weekend and a night club job for 2 week days and Saturday night!
Full marks for working but it took some persuading to send the rabbit to her parents to look after.
Annabel Blake
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Sign Up11:49 AM, 8th July 2024, About 3 months ago
We have always allowed pets - we live with four dogs which are one of life's pleasures so why would we deny this to our tenants? We drew up a Pet Policy some years ago which requires tenants to take a variety of actions, such as responsibility to care for their pets in accordance with the Animal Welfare Act; ensure they are kept parasite-free; dogs not to be left alone for extended periods; not allow pets to foul in the house and keep gardens free of faeces; not breed from their pets; not allow their pets to cause a nuisance to neighbours; etc.
Dylan Morris
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Sign Up11:49 AM, 8th July 2024, About 3 months ago
The way things are going landlords will need emotional support dogs !!
Dylan Morris
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Sign Up11:52 AM, 8th July 2024, About 3 months ago
Reply to the comment left by Annabel Blake at 08/07/2024 - 11:49
That’s very good and absolutely fine and you should be applauded, because that’s your choice. The problem occurs when landlords aren’t given any choice regarding their properties.
N N
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Sign Up12:30 PM, 8th July 2024, About 3 months ago
Personally, I've recently changed course on this and allow pets, appropriate size and breed for the accommodation.
I've added a supplementary 'pet policy' contract attached to the ast. Tenant lodges a pet insurance policy prior to signing, which should be continuously renewed. I also use independent inventory.
The pet issue crops up a lot now, this seemed a better route than a blanket ban.
Cider Drinker
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Sign Up12:45 PM, 8th July 2024, About 3 months ago
I always allow pets. However, I expect my tenants to remain in the property for a long time (10 years+).
If a tenant is going to not respect your property, they’ll do it with or without a pet.
Of course, if you operate in such a way that you except tenants to be more transient, you probably shouldn’t encourage pets.