Can a landlord say no to pets? The Renters’ Rights Bill may give some answers…

The Renters’ Rights Bill has no doubt been the hot topic of conversation in the private renting world with the Bill now at 3rd reading stage in the House of Lords. 

The proposed legislation is expected to afford tenants greater protection and as explored in this article, will give tenants additional rights to request to keep a pet in the rented property. 

Whilst the new legislation is not expected to be implemented until late 2025, it is important for landlords to understand the anticipated changes and remain up to date as to what’s expected of them. 

Proposed process 

Currently the terms of a tenancy agreement will determine whether or not a tenant is able to keep a pet in the property. However, under the new law a Tenant will be able to apply for permission to keep a pet in the property. The request must be in writing and accompanied by a description of the pet. 

Following a request by a tenant, the landlord has 28 days to respond to the tenant. The response must be in writing and any refusal of the request must not be unreasonable. In other words, the landlord is required to provide sound justification for any refusal. 

If the explanation is not accepted, the tenant will also have the opportunity to challenge the decision though the Private Rented Sector Ombudsman which all private landlords in England (with regulated tenancies) must join. 

What might be considered an unreasonable refusal? 

A landlord may reasonably refuse the request where pets are prohibited by the lease or the freeholder. It would be considered reasonable to refuse a pet request where accepting the request would be a breach of the landlords own agreement with their freeholder. 

It is expected that the Government will publish further guidance on what may be considered a reasonable refusal but generally the requests are to be considered on a case-by-case basis. 

Take aways 

• There is no longer a blanket pet policy ban;

• The change in legislation does make an allowance for landlords to require pet insurance that covers property damage. Pet insurance is therefore set to be included as a permitted payment under the Tenant Fees Act to give peace of mind to landlords; and

• The Renters’ Rights Bill proposes that any lease with a fixed term over seven years can no longer be an Assured Tenancy. This suggests that long leases will not be affected by the change in legislation. As the Bill is awaiting approval up-to-date guidance should be sought where necessary.

If you have any further questions as to how to law on keeping pets in private rented properties may be about to change, please contact Samantha Brace on slb@deanwilson.co.uk or 01273 249298