Renting with pets under the Renters' Rights Bill

In this Renters' Rights Bill (RRB) Bitesize we look at the changes which will be introduced by the RRB around the keeping of pets.

The current position

Typically, most tenancy agreements stipulate that if a tenant wants to keep a pet, they are required to ask their landlord for permission, or alternatively that pets are strictly prohibited. In either case, the right to rent with a pet is at the complete discretion of the landlord.

What's changing?

The RRB seeks to amend the Housing Act 1988 to include new sections 16A – 16CA.  These new sections will give tenants in the private rented sector (notably not social housing tenants) a legal right to ask landlords for permission to rent with pets and the right to challenge a private landlord's decision, should they refuse. 

Implications

The changes will provide several benefits for tenants in the private rented sector who wish to keep a pet or support companion including:

• Requests must be dealt with promptly: Landlords must give a written decision or alternatively ask for further information within 28 days of receiving a tenant's request;
• Reasonable consideration: Landlords must consider every written request to rent with pets fairly and they cannot unreasonably refuse consent;
• The removal of generic bans: Landlords will not be able to apply a blanket ban on the keeping of pets; and
• The ability to challenge a decision: Tenants have the right to challenge decisions that they think are unreasonable or unfair.

Tenants will need to make all requests in writing and include a full description of the pet. 

These changes are only set to affect private tenancies. Tenancies of social housing (which generally already have clauses in their tenancy agreements in conjunction with wider policies on pets) are expressly excluded.    

When can a landlord say no? 

The RRB provides that landlords cannot unreasonably refuse a request to rent with pets. It expressly sets out that it would be reasonable to refuse consent where keeping a pet would put the landlord in breach of an agreement with a superior landlord, or where the landlord has applied for superior landlord consent and it has been refused. 

Otherwise, landlords will need to assess each application for consent on a case-by-case basis and take into account all the circumstances which we would suggest include the type of property, the size of the pet and the impact on any neighbours or other tenants in the property.   

Landlords should keep a clear audit trail by ensuring that all decisions are confirmed in writing together with a clear supporting explanation.

The RRB makes further express provision for landlords to make consent conditional on obtaining/paying for pet insurance where reasonable having regard to the pet and the property and/or payment of a pet damage deposit equivalent to three weeks rent.

What landlords should be thinking about now

In general private landlords should be aware of this upcoming new statutory right for tenants to keep pets where it is reasonable to do so and ensure that every application for consent is given prompt and thorough consideration.