9:56 AM, 8th July 2024, About A week ago 18
Text Size
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.
Previous Article
Starmergeddon: Election Twists and Economic TrendsNext Article
Delaying SDLT and paying the fine
Beaver
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up12:51 PM, 8th July 2024, About A week ago
Reply to the comment left by Martin at 08/07/2024 - 11:48
Rabbits are a good case in point; my kids have had house rabbits.
Historically rabbits used to shoved in cages in the back garden where they basically suffered. Their welfare and nutritional needs are actually quite complex and it is often kinder to keep them in the house. People often don't understand for example that feeding rabbits carrots and lettuce is bad for their health and they actually need to eat grass or hay and tree bark.
The problem is that some rabbits chew wiring and some rabbits chew skirting boards and architraves. That's not the rabbits fault; they are designed to chew trees.
But if the rabbit chews the skirting boards and architrave they can very easily do farm more damage than would be covered by a 5 week deposit.
So there are a number of approaches you could take to this. One would be:
(1) Commit in writing that you will be liable for any damage caused by the pet to the property and that you will pay for that damage with X months of Y date.
(2) Show me that you have insurance that will make reparations to *ME* the landlord for damage to the property, as opposed to you.
(3) Put the rent up and take out your own insurance.
Many of us will have had experiences with the tenant deposit protection scheme that resulted in us only being able to recover part of the costs of damage. You're only permitted a five-week deposit and even though there's a deposit it's not always straightforward as a landlord getting the deposit protection service to pay your costs.
Any landlord willing to share their experiences on this welcome; I'd be interested to hear how they cope with pets.
Barbara Gwyer
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up14:23 PM, 8th July 2024, About A week ago
It's a tricky one this. My cat is a much cherished member of my family, but I can't lie he has damaged the carpets and sofas with his scratching. My choice and me to make good but I've had one flat trashed by a dog and the level of deep cleaning to get rid of the smell was a lot. 5 weeks deposit did not come close to covering it, and it was down to me to spend a lot of my time and energy putting it all right. I wouldn't have a blanket policy of banning animals, but I would only consider it if the tenancy was potentially a long one.
Annabel Blake
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up14:51 PM, 8th July 2024, About A week ago
Reply to the comment left by Cider Drinker at 08/07/2024 - 12:45
Yes, like you, all our tenants seem to be in it for the long term and so we regard allowing pets (as well as being the kind option) to be an 'investment' in the longevity of our tenancies
Ashleigh
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up15:43 PM, 8th July 2024, About A week ago
If given a choice of tenant I would always choose the one with a pet rather than a child! In my experience of being a landlord for the past 12 years, I haven’t had any damage from pets but children growing up and turning into young adults causes more problems. I always issue a pet policy so the tenant agrees to pay for any damage caused by the pets and they also have to agree to a professional clean at the end of the tenancy. Unfortunately there are no such policies/agreements for children!
Stella
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up15:53 PM, 8th July 2024, About A week ago
Reply to the comment left by Ashleigh at 08/07/2024 - 15:43I dont think you can legally demand a professional clean except to say that they should leave the property in the same state of cleanliness that it was at the beginning of the tenancy.
Beaver
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up8:41 AM, 9th July 2024, About 7 days ago
Reply to the comment left by N N at 08/07/2024 - 12:30
Does the policy pay out in the event of damage to your property, and if so is the payment to you the landlord? Or to the tenant? And what insurance company do you use?
Ashleigh
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up7:25 AM, 13th July 2024, About 3 days ago
Reply to the comment left by Stella at 08/07/2024 - 15:53
It’s not a demand, it’s an agreement between tenant and landlord!
Ashleigh
Become a Member
If you login or become a member you can view this members profile, comments, posts and send them messages!
Sign Up7:27 AM, 13th July 2024, About 3 days ago
Reply to the comment left by Beaver at 09/07/2024 - 08:41
It’s not an insurance policy, it’s just a signed agreement between the 2 parties. You can find many versions on the internet, Google landlord pet policies.