Pet ownership is on the rise all over the UK, a nation of animal lovers, and with it, many landlords face the serious question of whether or not they need to accept pets in their rented properties. Traditionally, it has always been hard to find pet-friendly rented properties in big cities. The usual reason landlords give for that is the increased risk of property damage that the pets bring. Owners of exotic pets, such as reptiles, face additional challenges due to their unique care requirements and potential risks associated with their ownership. Special provisions in the law protected the rights of pet owners with assistance dogs for example. Private landlords were unable to refuse to sign a tenancy agreement with such tenants, or pose increased tenants fees because of that.
Still, pet-friendly rental properties were more an exception than the rule all across the UK. This is set to change in 2024 and 2025 when a blanket ban on discrimination on behalf of private landlords towards pet owners is not introduced. Landlords will no longer be able to refuse pets as easily as they did before.
Let’s see what the situation with the landlord’s right to refuse pets and pet owners access to their rental properties is.
Is it illegal for landlords to say no pets?
It was in January 2021 when the UK government amended the Model Tenancy Agreement. The change aimed at encouraging landlords to stop the blanket ban on pets in rental properties that has been generally applied up to that moment. The way the tenancy agreement works today is that pets are allowed in rental properties by default. To refuse pets in a particular property, the landlord needs to insert a special “no pets” close in the lease agreement that they sign with the tenant. That was a small step toward a more pet-friendly world, but it was an important one to make indeed.
Introducing mandatory pet insurance could mitigate risks for landlords by covering potential damages caused by pets, especially in light of recent legislative changes that affect rental agreements and tenant rights regarding keeping pets.
Additional changes included the removal of extra fees when the tenant is a pet owner. One of the most important legislative changes that have come through recently is that the landlord has no legal right to charge a deposit higher than five weeks’ rent. That was a standard practice in the past for those renting out properties that were advertised as pet-friendly. The rationale behind the higher security deposit was protection against potential pet damage.
Understanding the rights and responsibilities of both landlords and tenants in relation such clauses as to pet ownership within tenancy agreements is crucial. The no pet clause in the rental contract can still be included by the landlord, but even then assistance dogs and other guide animals are protected against it when their presence is necessary to ensure the health, safety, and quality of life of the tenant.
Can landlords say no pets in 2024 and 2025?
The proposed changes that are to come into effect in 2024 and 2025 will further limit the ability of landlords to refuse pets on their properties. The Renters Reform Bill aims to enhance tenant rights, particularly focusing on the ability of renters to request pets in their rental properties. This legislation will nearly eradicate the possibility of a blanket ban on pets being instated at a rental property, by making it challenging for the landlord to prove that their right to refuse pets in rental market is within reason. They will need much more proof for that, which is expected to drastically increase the number of pet-friendly rental properties across the country.
Can a landlord kick you out for having a pet?
Even though it becomes harder and harder for landlords to outright refuse pets on their properties, they still reserve the right to kick a tenant with a pet out under certain conditions. When a landlord refuses pets, tenants face significant challenges and must understand their legal rights regarding pet policies. Tenants can take actions such as offering a higher deposit or obtaining pet-related insurance to negotiate the situation. However, tenants, including pet owners, also have obligations on top of their tenant’s rights. For example, a landlord’s refusal or Section 8 notice can be used to evict a renter if the animal is causing problems – or for a medical reason poses danger – to other inhabitants of the building. Extensive property damage, especially if it continues for longer than a previously agreed-upon trial period, is another reason why a landlord may be within their legal right to kick a renter out.
One thing that both renters and landlords need to be aware of is that for a Section 8 notice to legally come into effect, the landlord needs to show indisputable evidence that the pet in question is posing a danger to other tenants of the property, or is causing damage to the property that can be deemed beyond the reasonable limit.
Special provisions
Even if the landlord has instilled a no-pet policy in their renter agreement, they might be legally obliged to change it for guide dogs and other service animals allowing pets that are trained to serve the needs of a potential disabled tenant. The legal term used for such changes is “a reasonable adjustment”. If your landlord refuses to make such an adjustment to your tenant’s agreement, that is considered to be a discriminatory action. In such a case you are allowed to propose civil litigation against your landlord.
The Private Rented Sector Ombudsman can also play a crucial role in resolving disputes between tenants and landlords regarding pet ownership in rental properties. Tenants can escalate unreasonable refusals to allow pets in rented accommodation to the Ombudsman, who can help mediate or resolve such issues, especially in light of pending legislation like the Renters’ Reform Bill and the upcoming Renters’ Rights Bill.
But before you rush into such a lengthy and exhausting endeavor, make sure to contact your local council. They might be able to assist you with legal action in the case and will be more than happy to hear about a discriminatory landlord who refuses pets on their property without a reasonable excuse.