Can landlords refuse pets at their property?

Landlords can currently refuse pets at their property by including a ‘no pets’ clause in their tenancy agreement. But the law around pets in rental properties isn’t straightforward.

There are some grey areas around how enforceable a blanket ban on pets is and what the consequences are for tenants having a pet without permission.

And the Renters’ Rights Bill is set to significantly change tenants’ rights when it comes to having a pet at a rental property, potentially making it easier for them to keep pets.

Can a landlord refuse pets?

Landlords have the right to refuse pets at their rental property. There’s nothing in the law saying they have to allow pets and it’s within their rights to have a blanket ban on pets in their tenancy agreement.

At the moment, tenancy law doesn’t include a lot of information about pets. But the government has made it clear that landlords should consider all requests for pets, whether they accept them or not.

And the Competition and Markets Authority (CMA) has stated that tenancy agreements that include a blanket ban on pets may not stand up in court.

Whether or not the tenancy agreement includes a ban on pets, landlords can reject a request from a tenant to keep one. But that’s all set to change with the Renters’ Rights Bill.

The Renters’ Rights Bill and renting with pets

Encouraging pet ownership is a central part of the government’s Renters’ Reform Bill. If the bill becomes law, landlords won’t be able to reject a pet request from a tenant so easily.

If the Renters’ Rights Bill is passed, pet ownership in rental properties will change by:

landlords no longer being able to issue blanket bans on pets in their tenancy agreements
tenants will have the right to ask permission to have a pet at the property
landlords have to consider requests for pets and cannot ‘unreasonably’ refuse
tenants have the right to challenge a landlord’s decision if they refuse their request
tenants need to tell their landlord or letting agent in writing that they have insurance for their pet
tenants need to be willing to pay ‘reasonable’ costs to cover their landlord’s insurance for damage (if the tenant isn’t willing to pay for insurance themselves)
landlords have 42 days to answer a tenant’s request for a pet but it can be extended by an extra week if a landlord requests more information

How will landlords respond to new rules on pets in lets?

In our Landlord Report, we surveyed over a 1,000 landlords to understand their biggest challenges.

We asked about how changes to pet rules could impact the rental market. Here’s what they had to say:

63%

thought landlords would increase rent to cover the higher risk of property damage

54 per cent were concerned about the increased risk of property damage
31 per cent thought landlords who don’t want to accept pets would sell up and leave the market
53 per cent thought landlords would need to do more inspections and tighten up their tenancy contracts

Can landlords charge higher deposits for tenants with pets?

The reason many landlords don’t accept pets is due to the increased risk of property damage caused by animals.

One way that landlords who do accept pets get around this issue is by charging a higher deposit, which can be deducted at the end of a tenancy if required.

However, it’s important to note that since 2019, deposits have been capped at five weeks’ rent. This means in many cases the deposit may not be high enough to cover pet damage.

An alternative solution is to charge a higher ‘pet rent’ to remain compliant with the Tenant Fees Act. However, it’s a tricky balance to strike as higher rents could discourage tenants from making an offer.

What happens if a tenant keeps a pet without permission?

If your tenant is keeping a pet without your permission or they have a pet which is damaging the property or causing problems for neighbours, it’s likely they’ll be breaking their tenancy agreement. This means you may be able to evict them using a Section 8 notice.

However, eviction should always be a last resort so it’s worth speaking to the tenant first to try and find a solution. You may be able to claim the costs from any damage caused by an unauthorised pet from the deposit at the end of the tenancy.

What if a tenant needs an assistant or support animal?

If a tenant requires an assistance animal such as a guide dog, the landlord is expected to make a ‘reasonable adjustment’ to allow them.

If they don’t, this could be deemed as discriminatory behaviour that goes against the requirements of the Equality Act 2010.

Landlords and pets – what are the pros and cons?

Although some landlords are against pets, others are happy for their tenants to keep animals.

Below are some of the reasons why landlords could be for or against pets in lets.

Advantages of allowing pets

a higher number of potential tenants – with just seven per cent of landlords advertising pet-friendly properties in 2021, there’s clearly a gap in the market for landlords who accept pets. A wider pool of tenants gives you more choice on who rents your property and a higher chance of letting it quickly

happier tenants and longer tenancies – being able to keep a pet is likely to improve a tenant’s happiness. The happier the tenant, the longer they’re likely to stay in your property. This means more stability and lower overheads for the landlord

a better relationship with tenants – if your tenants know you trust them to keep a pet, this could improve your relationship. As a result, they could be more likely to look after your property and alert you to problems quickly

opportunity for increased returns – again, with only a small number of landlords accepting pets, tenants may be willing to pay more to secure a pet-friendly property. A higher rental price could put your mind at ease that you’re covered for the increased risk of property damage

Disadvantages of allowing pets

property damage – the main concern for most landlords about accepting pets is that they’ll cause damage to the property which will cost money to fix

odours and hair – whether it’s scratch marks, stains, or nasty smells, pets can have a long-term impact on a property. A landlord may have to organise extra cleaning when the tenancy ends and future tenants could be put off by the previous presence of animals

allergies – the long lasting impact of pets in rental properties, such as difficult to remove hair, means that future tenants with a pet allergy could be affected

noise complaints – animals can be noisy and anti-social, which could lead to complaints or disputes with neighbours that the landlord has to deal with

3 tips for allowing pets in your property

Landlords will still be able to deny pet requests if they have a good reason, but potential rental reforms could make it much easier for tenants to keep pets in the future.

With this in mind, it could be beneficial to think about the steps you can take to allow pets while minimising the risk to your property.

As well as getting comprehensive pet damage insurance to cover your property against pet damage, here are three things you could do:

If possible, arrange to meet the pet before accepting the request. This could help to put your mind at ease that the pet is friendly and well-behaved.
Draft some pet rules for the property, and go through them carefully with your tenant.
Regular property inspections can help you to spot any damage early and make sure your tenant and their pet are following the rules you set out.

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