Tenants rights to have a pet.
It always amazes me that the right to keep a pet in a rental property splits opinion. Tenants often tell me they have a right to have a dog, landlords think they can have a blanket ban on all pets. Who is right, are either correct, could this change? Out latest blog picks apart this contentious issue and looks at the current legal position.
Understanding Tenants' Rights to Keep Pets in Rented Properties
One common question that frequently arises among both landlords and tenants is the issue of keeping pets in rented properties. As of now, there hasn't been any recent legislative change to force landlords to permit pets, although the government has hinted at potential changes in the forthcoming renters reform bill.
So, what are the current laws in place?
The Decisive Factor: The Tenancy Agreement
Many people might be surprised to discover that, under general law, tenants do have the right to keep pets. This means that if a tenant enters into a property without any explicit pet restrictions in their agreement, they are free to have a dog, cat, rabbit, parrot, or any other pet.
The reason behind most tenants being disallowed from having pets lies in their tenancy agreement itself. The enforceability of a pet prohibition clause within the agreement determines whether pets are permitted or not.
Enforceable Pet Prohibition Clauses
What exactly constitutes an enforceable pet prohibition clause? Though the wording may vary, there are key elements it should contain:
1. Clearly state that pets are not allowed.
2. Acknowledge that tenants have the right to request, in writing, permission to keep a pet.
3. Ensure that the request will not be unreasonably denied.
In professionally drafted tenancy agreements, all these elements are typically included. However, some landlords may remove the last two elements, assuming they will never allow pets, rendering the prohibition clause invalid.
Unfair Terms and Pet Prohibitions
Under the Unfair Terms rules, now incorporated into the Consumer Rights Act 2015, prohibition clauses must be deemed 'fair.' A precedent case has established that a blanket prohibition is not fair as it could prevent a tenant from keeping a harmless pet like a goldfish in a bowl.
Hence, tenants should carefully read their tenancy agreement to understand whether keeping a pet is allowed or not.
Why Landlords are Reluctant to Allow Pets
It's essential to consider why landlords often disallow pets in their properties. Many have experienced situations where tenants failed to control their pets, leading to significant property damage upon their departure.
This type of extensive damage can be traumatic for landlords, especially if they've invested time and effort in maintaining a nice property for their tenants. Repairing damaged walls, doors, and urine-soaked carpets can be expensive and time-consuming. Additionally, properties may require deep cleaning and treatments to ensure they are safe for individuals with pet allergies.
This position was not helped by the Government when they introduced the tenant fee ban in June 2019. Part of this ban limited the amount of deposit a landlord or agent could ask for. Previously some landlord would ask for they tenant deposit and an additional pet deposit which gave the landlord more confidence that the property would be returned in good condition or they had additional funds to put right damage that may have occured. Pet deposits can no longer be taken.
Moreover, landlords typically prefer to re-let their properties as quickly as possible, and repairing pet-related damage can cause delays and void periods. For these reasons, most landlords simply avoid the potential hassle of dealing with pet-related issues.
The Final Consideration
Contrary to popular belief, most landlords don't earn exorbitant amounts from their properties. Recent increases in taxation and regulation have actually reduced landlord incomes. As a result, most landlords aim to minimize void periods and potential losses caused by pet-related damage.
If you wish to keep a pet in a rented property, your primary task is to persuade your landlord that your pet is well-behaved and unlikely to cause any problems. Building trust and demonstrating responsible pet ownership could be the key to convincing them to allow your furry friend into their rental property.