To date, landlords have been able to make the final decision on whether to allow tenants to keep pets in their rental property or not.
However, once the Renters’ Rights Bill comes into force, they will no longer have this ability. Instead, they will have to consider each tenant’s request on an individual basis, rather than implementing a blanket ban. They can then only refuse permission if it’s reasonable to do so, such as the property being unsuitable for animals.
Landlords will not only need to change their views but also their processes. Once the new legislation comes into force, tenants can apply for permission to house a pet via a written application. This should include a description of the pet. The landlord then has 28 days to respond.
Additional information can be requested and a further seven days’ response time then comes into play. Failing to respond within the initial timeframe means that the tenant’s request can be assumed to have been accepted and Fido, Buster and crew can pad on in.
The request can’t be turned down unless there is good reason to do so. Even if it is refused, tenants can still appeal the decision through the new Private Rented Sector Ombudsman or by taking the case to court.
Who will pay for damage?
One worry landlords have always had with regards to tenants owning pets in their rental properties has been the prospect of damage to the property. This is most commonly why they have previously prevented pet ownership.
This concern was to have been covered under the new legislation. In the initial drafting of the bill, the government said it would amend the Tenants Fees Act 2019 to allow landlords to require that tenants take out pet damage insurance as part of their tenancy. Tenants’ deposits could also cover the cost of damage, although a landlord would only be able to recover costs for the damage once.
However, this clause was removed from the bill at report stage in June.
It’s still not clear whether an alternative proposal - the right to ask for a pet deposit of up to three weeks’ rent - will form part of the final bill when it’s eventually approved. This reignites the cost of damage concern.
Acceptable reasons to refuse a pet include if a superior landlord prohibits pets, or in leasehold properties where the landlord’s headlease prevents pet ownership. A property may also be deemed unsuitable, perhaps for the size of the pet or the number of animals.
The landlord can also make considerations based on whether they feel the tenant will be a responsible owner or if a pet could potentially be perceived as being neglected, such as regularly leaving a dog for long periods. A pet allergy could also prove grounds for reasonable refusal.
Welcoming pet owners early
Although currently landlords can still technically say no to pets until the legislation comes into force, an earlier willingness to home pets is likely to be appreciated by pet-loving prospective and existing tenants alike.
According to the PDSA, more than half of UK adults (51%) own a pet. This includes 28% (equating to more than 10 million) who own a dog and a similar amount (24%) who own a cat. With nine in ten dog or cat owners saying that owning a pet improves their life, landlords who accept pets early are likely to have happier tenants in place and will already be compliant with the changes before the Renters’ Rights Bill comes into effect.
For more information on how Kings Group can assist you on your letting journey, please contact one of our branches in Essex, London or Hertfordshire today. We also offer a free and instant online valuation to give you an idea of how much your property could be worth on the current market.
