Rules for tenants with pets are changing. The government is introducing a new standard tenancy agreement to avoid landlords setting blanket bans on tenants with pets. So what do the changes mean for landlords and tenants?
Until now, a mere 7% of landlords have advertised pet-friendly accommodation, according to www.gov.uk. This leaves many tenants unable to own a pet, or even having to give up their furry friends if moving to a property that bans animals.
From now on, the rules laid out in the new model tenancy agreement aim to balance the right of tenants who want to own pets with the risks to landlords.
What were the rules for tenants with pets in the past?
Landlords are often concerned about the effect of a pet on their property, and take steps to limit them. Previously the majority of landlords have included a ban on pets in their rental contract, meaning that ownership of a pet could be grounds for eviction. Those few landlords who have allowed pets generally have had to add a “pet clause” to their tenancy agreements, to cover all aspects relating to animals.
Why has the government released the new standard tenancy agreement?
During the pandemic, many people in the UK have purchased pets as a means of comfort during a difficult time. It is estimated that 59% of Brits now own a pet, up from 51% prior to the pandemic (PFMA). Dogs and cats are by far the most popular pets, with an estimated 12 million cats and 12 million pet dogs in homes around Britain in 2021 (statista).
With the nation now in the grips of a mental health crisis, the government is looking for ways to improve well-being, and the new standard tenancy agreement is one of these measures. The companionship of a furry friend is known to have a positive influence on mental health, helping to reduce anxiety and stress as well as combating feelings of loneliness. Dog ownership is also good motivation for daily exercise – another important contributor to good mental health and wellbeing.
So, by making it easier for tenants to own pets, the government hopes to allow more people the opportunity to seek companionship from a furry friend.
What are the new rules for tenants with pets?
On 28 January 2021 the government announced the new rules in The Dogs and Domestic Animals (Accommodation and Protection) Bill. In the Bill, responsible tenants with well-behaved pets have the right to keep them in rented property, on certain conditions.
The government have also issued a new model tenancy agreement which lays out the new rules on pets. Use of the model agreement is voluntary, but it serves as guidance for landlords, to help improve the current situation for tenants with pets.
In the proposed new rules, tenants must obtain prior written consent from the landlord if they want to keep animals on the property. If a landlord wishes to object, they must do so within 28 days of the request and must have a valid reason – for example where a pet may be impractical due to the size or location of the property. If they do not respond within the 28 day period, the landlords consent is the default position.
Tenants must be responsible pet owners, and the Bill proposes that pet owners should be able to acquire a “certificate of responsible animal guardianship” to prove their pet has had the correct vaccinations and, where appropriate, is well trained.
What do the new rules mean for tenants?
The new tenancy agreement comes as a welcome step for pet owners living in rental accommodation. They will have far wider options available when looking for a new home, and their pets will be treated on an individual basis rather than facing a non-negotiable ban. The resulting increase in tenants with pets will likely have a positive contribution to the mental health of a large proportion of the population, who may be in need of companionship during these challenging times.
That said, the rules on what constitutes a “well-behaved pet” remain subjective, with no set guide to how to measure this. Furthermore, for tenants wishing to purchase a new pet, they have little way of proving that it will be well behaved.
There is also the potential for landlords to inflate rent prices to compensate for the potential damage to their property, which could further disadvantage tenants.
What do the new rules mean for landlords?
For landlords the new rules may come as a concern, particularly around damage to property. There is a significant risk that property interiors, carpets and furnishings may deteriorate more quickly than before. This unavoidable consequence may affect the choice of floor covering or furniture landlords install in their properties.
Since deposits are capped at five weeks’ rent in England, landlords cannot legally charge a higher deposit for potential pet damage. In other parts of the UK however, landlords could ask for an additional deposit, over and above the security deposit, that would cover any potential damage to the property caused by your pet.
The onus will be on the tenants to prove that their pet is well-behaved, whilst landlords will have limited opportunity to turn down a pet. Valid objections can be made in certain circumstances, but these must be brought in a timely manner– within 28 days or the request – or landlords lose the right to object.
The contents of this article do not constitute legal advice and are provided for general information purposes only.
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Catherine is our legal editor, she writes website and blog content for a range of industries including legal, business and retail. Having graduated from Exeter University with a degree in French and Spanish, Catherine spent some time working abroad before returning to Devon. She now juggles a writing career that she loves with bringing up two young children and exploring the Devon and Cornish coastline.