Both the Conservatives and now Labour have vowed to make it easier for tenants to rent with pets. The Renters’ Rights Bill currently in the final stages of progressing through parliament, prior to passing into law later this year, will give tenants greater pets rights.
The Renters’ Rights Bill will ensure that landlords do not unreasonably withhold consent when a tenant requests to have a pet in their home, with the tenant able to challenge unfair decisions.
Traditionally, those landlords who accept pets have asked their tenants to pay a surcharge, an addition to their rent or a higher deposit to cover the additional risk associated with accepting a pet in rentals. But the upcoming bill will require landlords to take a slightly different approach.
Although there are restrictions on one-off fees, charges and deposits, there’s currently no restriction on what can be added to the rent.
One example quoted in a recent Guardian article highlighted when Taiwo Owatemi, the MP for Coventry Northwest, paid a £900 pet rent surcharge, which she claimed back on her Parliamentary expenses. This was to keep her cockapoo in her rented property in Plumstead, south-east London.
In England any additional charges, fees or deposits above a five-week rent amount threshold for pets are illegal under the Tenant Fees Act, but that’s not the case when the charge is added to the rent.
The Dog’s Trust has been campaigning for many years for greater rights for responsible dog owners who rent. It says around 15% of people who contact them to rehome their dog cites issues with accommodation.
The Trust says that “Landlords can increase the rent for a property at any time, ostensibly for any reason,” a spokesperson from the Dogs Trust, the animal welfare charity, told the Guardian: “Renters looking for pet-friendly properties often face an additional pet rent of £25 to £100 a month, on top of the deposit.”
Giles Peaker, a housing lawyer and partner at Anthony Gold Solicitors, was quoted as saying that “…landlords can charge extra rent as a condition for tenants keeping pets, but there is no standard rate so the amount can vary. There is no set limit – it is whatever the tenant will agree to.”
Another tenant was cited arguing that charging an additional £100 per month (£1200) per year to keep a dog was “completely disproportionate” amounting to £3,600 over the tenant’s three-year stay when in addition she had a final cleaning bill.
The charges are random as some other landlords don’t require them. One tenant was quoted as avoiding a change simply by providing a reference for her cat. She said, “I don’t think it’s fair to have to pay additional rent if you can vouch for your pet’s behaviour. Any wear and tear due to pets can be claimed by landlords through the deposit, so there’s no need for extra money to change hands.”
Currently, tenants don’t have an automatic right to keep a pet in their rental accommodation while some landlords have a blanket “no pets” policy, though this will be outlawed with the passing of the new Bill.
As rental accommodation is so much in demand in many locations, tenants often have no choice but to pay a high rent premium or face having to give up their pet to secure a place to live.
The Renters’ Rights Bill will require landlords to “consider pet requests”, not an absolute right because landlords can refuse if they have a valid reason for doing so. The technical term is “not to be unreasonably refused”.
When a request is made, the landlord will be obliged to deal with the request within limited timescales. If the landlord fails to follow the rules the tenant could end up keeping the pet by default, and interestingly, there is nothing in the Bill as it stands to prevent a landlord advertising ‘no pets allowed’ as the tenant will have a right to request to keep a pet anyway.
The landlord will have 28 days from the date of the request to give or refuse consent. The landlord may want additional information about the pet, for example, references, vet reports etc within that 28 days, but then must decide within 7 days of getting the information. With leaseholds, consent may be required from a superior landlord. In this case the landlord must make the request to the freeholder within the 28 days. The landlord is allowed to charge a reasonable cost for this.
While landlords retain the right to protect their property, they must provide valid reasons for any refusal of pet requests.
A tenant’s request must be in writing to their landlord, giving full details of the pet concerned and presumably any additional pets would require a separate request.
The Bill is silent on the reasons a landlord can give for a legitimate refusal, apart from the one where the freeholder’s lease prevents pets. It doesn’t mean that there aren’t other valid reasons where a landlord could reasonably refuse, for example if the pet is unsuitable for the accommodation, but the tenant can appeal a refusal.
If a landlord refuses a pet request, they must provide a valid reason. Tenants would then have the right to challenge a refusal they think is unfair, potentially by appealing through a new Private Rented Sector Ombudsman service or ultimately through the courts.
Landlords will be empowered to require tenants to have pet insurance, increase the deposit within the rules or adjust rent for the potential wear and tear associated with pet ownership, but they can’t have more than one of these. The Tenant Fees Act 2019 will be amended to allow the new additional charges or insurance for pet damage insurance.
There is the option of having the tenants themselves take out pet insurance or the landlord taking it out and charging for the cost and any excess involved if there’s a claim.
As there’s very little data on claims history for pets in rentals, few policies are as yet on the market, but it is anticipated that some will be available with the passing of the Bill. Known as pet damage protection some insurers are already planning these policies but it has yet to be revealed what the premiums will be.
Pets should be screened as with tenants. Tenants with pets should provide information about pet type, breed, size, and age of the pet. Vaccination records are important as well as is behavioural history (e.g., has the pet ever caused damage or injured anyone?). A reference from a previous landlord or a vet should be obtained, if possible.
It’s important that the rental agreement include a Pet Clause which would cover, for example, types and number of pets allowed and requirements for: pet hygiene, exercise and control, noise limits (particularly for dogs), flea treatments, property cleaning and agreement to remove pets if complaints arise or damage occurs.
Have a detailed inventory with photos showing the condition of the property before the pet moves. There should be a pre-pet property condition inspection and scheduled regular property inspections.
The agreement should specify a justified limit on certain types and sizes of pets and rule out these pets where the building may have shared spaces or leasehold restrictions (e.g., flats with ‘no animals’ clauses in the lease).
The rent should be adjusted or a higher deposit taken (within the legal limits) or arrange insurance. The agreement should be clear on the end of tenancy cleaning responsibilities. Most times this means specifying the tenant is responsible for the cost of professional cleaning and any necessary flea treatment.
Data already available shows that most pets don’t cause any damage. The advantage for landlords is that pet owners once in a tenancy tend to stay longer in the property and are more likely to feel at home, reducing void periods.
If landlords make their rental properties welcoming to pet owners, they are likely to attract responsible tenants with pets, reducing financial risks leading to happier tenants and peace of mind for the landlord.
Main image courtesy Chevanon Photography
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