The new legislation on renting with pets

Introduction

There’s no denying we’re a nation of pet lovers, and probably even more so since the pandemic, which saw a huge boom in people adopting dogs and other animals to keep them company during lonely lockdown periods.

Getting a pet is fairly straightforward for homeowners, but what about those in the private rental sector? It’s been a hot topic for landlords and tenants for a while now, with the legislative direction of travel moving towards a position where it’s easier for people renting with pets to find decent and welcoming accommodation.

And while many landlords may want to be pet-friendly in theory, only 7% were advertising their properties as suitable for pets in 2020, according to GOV.uk. This would suggest that worries around damage to property or nuisance issues caused by irresponsible pet owners continue to create reluctance in our sector.

Impending new laws on renting with pets should hopefully strike a better balance between renters having the right to have pets and landlords being able to protect their assets.

After all, with more than 50% of UK adults owning a pet, according to the findings of a 2022 PDSA survey, pet-friendly landlords are definitely high on the list of tenants’ priorities in 2022. With the correct contracts and protections in place, allowing pets could be a good way to make sure properties are filled quickly.

In this article, we’ll take an in-depth look at the current laws on renting with pets, what’s changing and how landlords can turn this into a win-win situation all round.

What is the current law for renting with pets? 

The Government’s Model Tenancy Agreement was updated in 2021 to remove blanket bans on pets in the rental sector. Instead it says that a tenant must seek prior written consent from the landlord if they wish to keep pets or other animals at the property. Landlords in turn should ‘accept such a request where they are satisfied the tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept’.

It also states that consent ‘is deemed granted’ unless turned down with good reason within 28 days of receipt.

However, while serving as an indication that landlords should be more flexible, these changes haven’t prevented landlords from advertising a property as being unsuitable for pets and of course, the model tenancy agreement is only a template and not a legal requirement.

At the same time, the Tenant Fees Act 2019 also placed a cap on the size of deposit a landlord could charge and prevented certain fees from being requested. Whereas before, a landlord may have allowed pets in exchange for a larger deposit to mitigate any resulting pet damage, it’s easy to see how the Act may not have had the intended impact or outcome.

Will the renting with pets laws change soon?

Change is on the horizon, with impending new laws on renting with pets that seem to be designed to shore up previous legislation by going further, and in a way that benefits both tenants and landlords.

Renters’ Reform Bill 

In June, the Government published a new White Paper: A fairer private rented sector, which sets out a new action plan to improve quality in the private rented sector through fundamental reforms across the board. The Renters’ Reform Bill will bring forward legislation in the 2022-23 parliamentary session to deliver the various commitments.

The Bill makes clear the Government’s intention to support responsible pet ownership in the private rental sector, with a section that specifically addresses the issue, stating: “We will legislate to ensure landlords do not unreasonably withhold consent when a tenant requests to have a pet in their home, with the tenant able to challenge a decision.” It calls instead for a ‘common-sense approach’ and recognises the ‘huge amount of joy’ pets can bring. 

The Tenant Fees Act 2019

While the Renters’ Reform Bill detail has yet to be revealed in full, it does state that changes will also be made to the Tenant Fees Act 2019 to make it easier for landlords to accept pets.

Amendments are proposed to enable landlords to charge pet insurance as a permitted fee to tenants. This intends to ensure that any pet damage to properties is covered, which could help overcome the perceived financial risk of allowing pets in lets.

Dogs and Domestic Animals (Accommodation and Protection) Bill

This Bill seeks to establish rights for people to keep cats, rabbits, dogs and all other animals in domestic accommodation and is currently on its second reading in the House of Commons.

It proposes that ‘a person has the right to keep a dog or other domestic animal in rented or temporary domestic accommodation in England’ and that landlords should report on how they are supporting animals in their rental properties.

However as this Bill is more focused on animal welfare, it also proposes a number of exemptions, such as where accommodation is not suitable for a pet, or the owner does not hold a certificate of ‘responsible animal guardianship’. The latter being a proposed new system to promote responsible pet ownership.

Can a landlord refuse my assistant dog?

As you might expect, the rules for assistance dogs are different, as covered by the Equality Act 2010 which protects people with disabilities from discrimination.

Assistance dogs, such as guide dogs, service dogs or emotional support dogs, are not considered ‘pets’ and cannot be included in any ‘no pet’ policies that may be in place. 

While there are instances where requests for assistance dogs can be rejected, reasonable requests should be accommodated.

How can I be a pet-friendly landlord?

With such a low proportion of landlords advertising their properties as being suitable for pets back in 2020, coinciding with the beginning of a boom in pet ownership, offering pet-friendly accommodation could be a great way to stand out in the market.

As well as helping to significantly increase your pool of potential tenants, there are other benefits of allowing pets to consider. It may, for example, help your tenants to feel more settled in their home and therefore improve retention rates. Figures from ONS show that older generations are much more likely to rent, so by allowing pets you might be helping someone to feel less lonely in older age.

Any concerns you might have as a landlord can be mitigated by establishing good relationships (and expectations from the outset). With a robust tenancy agreement, you can be clear about rules around any potential issues such as damage, noise, smells and infestations. 

Remember, landlords can’t currently charge any additional fees or increase rents or deposits (beyond the cap) for people with pets.

Once both parties have that peace of mind, it’s easy to show interest in your new furry tenant; asking how they came to join the family and the odd little treat will go a long way!

Renting out your pet-friendly property in Leicester

Change is on the horizon in respect of the legislation around pets in the private rented sector, and with so many people owning a pet, now is a great time to get ahead of the curve – and open yourself up to a whole new market of tenants.

Any concerns can be overcome through robust tenancy agreements and effective relationship management from the outset.

At Readings, one of our primary goals as a lettings agent is to help you find the most suitable tenant for your property, for a long and happy tenancy. 

It remains a great time to invest in property overall, and allowing pets can boost your investment even further. 

Get in touch with us today for all your enquiries around becoming a successful landlord in Leicester.