Renting to Pet Owners: What Landlords in England Need to Know

As a landlord in England, deciding whether to rent a property to a tenant with pets requires careful consideration.

The Renters' Rights Bill will set out the statutory requirements for landlords to adhere to when a tenant requests consent to move into a rental property with a pet.

1. The Renters' Rights Bill and Pets in Rentals

The Renters' Rights Bill is poised to make significant changes renting property to pet owners. One of the key provisions is that tenants will have a default right to request permission to keep a pet, and landlords are expected to consider these requests reasonably.

Landlords will no longer be able to impose blanket "no pets" policies without justification. If a landlord refuses, they must provide a valid reason, such as the property being unsuitable for the specific type of animal. This shift is aimed at making the rental market more accommodating for pet owners, while still balancing landlords’ property rights.

However, it is important to note that guide dogs, hearing dogs, and other assistance animals are legally considered working animals, not pets. Under the Equality Act 2010, landlords are prohibited from refusing tenants based on their need for an assistance animal.

2. What Information Should Landlords Request?

When a tenant requests permission to keep a pet, it is essential to gather relevant information to make an informed decision.

Here’s a list of key points to consider:

• Type and Breed of the Pet - Knowing the specific breed and type of the pet is important. This is particularly critical when dealing with dog breeds restricted under the Dangerous Dogs Act 1991. The Act bans certain breeds that are considered dangerous, such as XL Bully, Pit Bull Terriers, Japanese Tosas, Dogo Argentinos, and Fila Brasileiros. If the tenant’s dog is one of these breeds, even if well-behaved, it is illegal to own, breed, or sell them without special exemptions.

  For example, It’s against the law to keep an XL Bully dog without a Certificate of Exemption.

  Read more about banned dogs.

• Number of Pets - It is important to know how many pets the tenant wishes to keep. Managing more than one pet could lead to increased wear and tear on the property, which is a valid concern.

• Pet Insurance - Pet owners will be required to carry insurance to cover any accidental damage caused by their animals. Asking tenants for proof of pet insurance will be a safeguard for the property from potential damage caused by the animal.

• Vaccination and Health Records - Up-to-date vaccination and health records ensure that the pet is in good health and poses no risk of spreading disease, which is particularly important in properties with shared spaces or communal areas.

3. Guide Dogs and Assistance Animals Are Not Pets

It is important to clarify that guide dogs, hearing dogs, and other working assistance animals are not classified as pets. Under the Equality Act 2010, landlords are legally required to accommodate tenants who rely on assistance animals for their daily activities.

4. Additional Clauses in Tenancy Agreements

If a tenant is permitted to keep pets, it is best to ensure that specific clauses can be included in the tenancy agreement to protect your property. Here are some examples:

• Pet Damage - The Tenant Fees Act 2019 limits how much a landlord can charge as a deposit (capped at 5 or 6 weeks' rent), but the Renters Rights Bill will require a tenant to have insurance in place. This will be a legal requirement.

• Cleaning Obligations - You may want to include a clause that requires tenants to professionally clean the property or carpets at the end of the tenancy if pets are involved. This ensures that the property is left in a clean state for future tenants.

5. Landlords’ Rights and Responsibilities Under the Dangerous Dogs Act

Landlords may have the right to refuse pets if they have legitimate concerns about the animal’s safety or behaviour. The Dangerous Dogs Act 1991 specifically bans certain dog breeds that are considered dangerous. If a tenant’s pet falls under this category, landlords can refuse on legal grounds.

6. Animal Welfare Legislation

The Animal Welfare Act 2006 places legal obligations on pet owners to ensure their animals’ well-being. As a landlord, you should be confident that the tenant’s pet will not suffer due to the conditions of your property. For example, certain pets require outdoor space or a large living area. If your property does not provide an adequate environment for the pet, you are within your rights to refuse the request.

With the introduction of the Renters' Rights Bill and existing animal welfare legislation, landlords need to be more open to accommodating tenants with pets, while still protecting their properties.

Gathering the right information about a tenant's pet, drafting clear tenancy clauses, and understanding the distinctions between pets and working animals like guide dogs are all essential steps in making an informed decision. By keeping up with legal requirements and maintaining open communication with potential tenants, landlords can successfully navigate the evolving rental market.

Written with the assistance of L Ciraolo - Level 3 Animal Management (Capel Manor College)