Under the Renters Reform Act measures will come in effect from May that tenants can request to keep a pet and you will not be able to refuse without a fair reason.
You have to consider each individual request on a case by case basis. Once your tenants have asked you have to respond within 28 days in writing.
However, if you are renting out a flat you need to be aware you would have to consult with the freeholders first to ascertain whether the flat allows you to give consent for a pet. There are many occasions where most leases say that pets are not allowed to be kept at properties and this would be an acceptable refusal.
There is guidance from the new legalisation where the landlord can refuse in certain circumstances such as the following;
- Another tenant has an allergy
- The property is too small for a large pet or several pets
- The pet is illegal to own
- If you are a leaseholder and your freeholder does not allow pets
However, there is guidance from the Government that it will not be reasonable to refuse on the basis of the following;
- You don’t like pets
- You have had issues with tenants and pets in the past
- You have had tenants that have had pets and damaged the property
- You have general concerns about potential damage in the future
- You think the pet may affect future rentals
- The tenant needs an assistant animal such as a guide dog
If you refuse the request for a pet then you have to respond in writing within 28 days the reasons why.
Your tenant has the right of refusal if they believe it is unreasonable. They are able to submit a complaint to you and/or apply to the court to start proceedings against you. The court may enforce the rules if they believe you are not meeting your obligations as a landlord. This could be very costly. You can ask for more information regarding the pet for example type, size of the pet etc. You then have a further 7 days to respond to your tenant once they have given additional information you asked for.
It will be difficult for landlords to refuse in future.
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