Why a tenant’s furry and feathered friends can rejoice over a forgotten law

With the Renters (Reform) Bill passing its second reading, one important detail many landlords and tenants will want to know is about tenants keeping pets in their rented home.

However, a largely forgotten act already exists that allows tenants to keep a pet rabbit or chicken.

The little-known Allotment Acts 1950 allows renters to keep these two animals.

Legal loophole to keep chickens and rabbits

In 2011, Natasha Brooks was threatened by her housing association for breaching her tenancy agreement by keeping chickens in her back garden.

Ms Brooks decided to fight back and found a legal loophole which allowed her to keep her two chickens, Penny and Henry.

Section 12 of the Allotments Act 1950 states:

Abolition of contractual restrictions on keeping hens and rabbits.

(1) Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:

Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

The act gives the right to the ‘occupier of any land’, which covers homes let on assured shorthold tenancy agreements.

There are conditions to the act, such as keeping chickens or rabbits for trade or business purposes, so selling eggs would negate this right.

Keeping the chickens and rabbits must not cause a health issue or nuisance, so complaints about restless chickens would probably mean losing the right to keep them as pets as well.

However, in this case, Ms Brooks was allowed to keep Penny and Henry.

The housing association said: “The tenancy agreement is not explicit on the keeping of chickens.

“We are grateful to Ms Brooks for bringing to our attention the Provision of Allotment Act 1950 which provides clarification, and we are glad to have been able to resolve the matter before ending up with egg on our face.

“On this basis of the clarification provided by the Allotment Act, Ms Brooks can keep Henny and Penny, providing that all relevant tenancy conditions and legal obligations are complied with.”

All conditions need to be met

But what happens if landlords find themselves with a chicken and rabbit in their rental property?

Tessa Shepperson, the owner of the Landlord Law Blog, explains in one blog post that all conditions need to be met if tenants own rabbits or chickens.

She writes: “You will need to prohibit the animal under the terms of the act. So, for example, letting rabbits run around free indoors can be a hazard as they have a tendency to chew electrical wiring. So, something you could legitimately, I suspect, prohibit under the terms of your tenancy agreement.

“However, if the animals are being kept in well-maintained hutches in the garden or on a balcony – it may be hard for you to object.”

She added that the law goes back to the days of rationing and explains: “The act probably stems from the days of rationing when people needed to keep hens and rabbits for food.

“Something which could also apply today with our current cost of living crisis – although I suspect fewer people nowadays will be up for the disagreeable business of getting hens and rabbits ready for the pot.

“However, the law may well apply to any ‘emotional support’ hens or rabbits that tenants may want to keep.”

Nation of animal lovers

Britain is known for being a nation of animal lovers with one former landlord telling Property118 that some of the best tenants he’s ever had have owned pets.

According to Confused.com, one in three (33%) of renters share their homes with pets.

However, tenants with pets often find it hard to secure a rental property, with many landlords and letting agents requesting ‘pet references’ complete with photographs and biographies of dogs and cats.

Renters with pets also face higher costs with some having to fork out hundreds of pounds extra to pay for their rent and bills.

Requests for pets

The Renters (Reform) Bill will force landlords to have a ‘good reason’ not to let tenants keep a pet.

That means automatic blanket bans on pets by landlords and letting agencies would not be allowed. The Bill also says landlords will be required to fully consider all requests for a pet on a case-by-case basis.

A landlord must give or refuse consent in writing on or before the 42nd day after the date of the request, although there are some exceptions detailed in the Bill.

However, some landlords are threatening to leave the market or hike rents if they lose the right to ban tenants from having pets.

In a poll of 1,400 UK landlords commissioned by the insurer Simply Business, 54% of landlords are concerned about the increased risk of property damage from pets.

According to the survey, 63% of landlords would raise rents because of the changes.

UK’s affection for furry companions

When it comes to animals, it seems tenants may have ‘cluck’ in their favour when it comes to keeping chickens and rabbits as pets in a rental property.

The Renters (Reform) Bill is set to make pet ownership more accessible for tenants, however, some landlords are threatening to leave the market if they lose the right to ban pets.

Rising costs and more uncertainty in the private rented sector mean some pets and their owners could find it even harder to find a place to call home.

Share This Article