The Challenge of Pets in Rental Properties

Landlords have long struggled with tenants wanting to keep pets in rental properties.

For landlords, pets pose an unpredictable risk of property damage.

For tenants, pets are cherished family members, making the idea of renting a home and giving up a pet like Rover or Tigre unthinkable.

Traditionally, landlords have managed this risk by requiring additional deposits to cover potential pet damage and including mandatory pet-cleaning clauses in tenancy agreements.

Impact of the Tenant Fees Act 2019

The introduction of the Tenant Fees Act 2019 changed the landscape. This legislation prevents landlords from taking additional deposits for pets and from imposing fixed costs for professional pet cleaning at the end of a tenancy.

Landlords’ Response to New Legislation

Landlords have adapted to these changes. According to numerous industry reports, many landlords have responded by raising the rent for tenants with pets, sometimes by as much as £50 per pet per month, which can be costly for tenants with multiple pets.

Relief for tenants hidden in the Allotments Act 1950

Interestingly, there is some little known relief for tenants hidden in the Allotments Act 1950. Section 12 of this Act nullifies any lease or tenancy clauses that restrict the keeping of hens and rabbits, making it legal to keep these animals without the landlord’s permission.

However, the Act stipulates that the animals must be kept in conditions that do not harm their welfare or cause a nuisance to others.

Therefore, if your prospective tenant has a pet rabbit or wishes to keep hens, there is nothing the landlord can do to prevent it.

Service and Support Animals: Reasonable Adjustments

Most landlords hesitate to allow tenants to rent with pets, and many tenancy agreements include a standard ‘No Pets’ clause. However, if a tenant requests to have a service or support animal, landlords cannot refuse without a very good reason. Under the Equality Act 2010, these necessary changes are called ‘reasonable adjustments.’ Reasonable adjustments apply if the tenant has a disability as defined in Section 6 of the Equality Act 2010.

Legal Requirements for Reasonable Adjustments

Reasonable adjustments can include changes to policies, practices, or tenancy terms, such as modifying a ‘No Pets’ clause.

They can also involve providing extra equipment or support, known as auxiliary aids.

The duty to make these adjustments is detailed in Sections 20, 21, and 36, and Schedules 4 and 5 of the Equality Act 2010. If a landlord refuses to make a reasonable adjustment, they may be discriminating against the tenant and acting illegally, which could result in fines or prosecution.

Case Law: Thomas-Ashley v Drum Housing Association Ltd

In the case of Thomas-Ashley v Drum Housing Association Ltd [2010], the court ruled that it was reasonable for the landlord to refuse a disabled tenant’s request to keep an assistance dog, given the specific terms of the lease and the landlord’s reasons. This was despite the tenant’s clear need for the dog on health grounds and the impact the refusal had on the tenant’s ability to remain in the property.

Navigating pet policies in rental properties requires understanding both legislative changes and tenants’ rights. While the Tenant Fees Act 2019 has limited landlords’ ability to charge extra for pets, the Equality Act 2010 mandates reasonable adjustments for service and support animals, highlighting the need for landlords to carefully consider each situation to avoid discrimination and legal repercussions.

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