Landlords receive guidance on reasonable pet requests

Recent guidance from an animal welfare charity aims to assist UK landlords in navigating tenant requests to keep pets under the Renters’ Rights Act. This legislation grants tenants the right to make reasonable pet requests, which landlords must consider carefully and cannot refuse without valid justification. The new advice offers clarity on assessing these requests fairly, balancing tenant rights with landlord responsibilities.

Understanding the Renters’ Rights Act and Pet Requests

The Renters’ Rights Act establishes that tenants may submit requests to keep pets in their rental properties, and landlords are required to respond reasonably. Landlords must evaluate each request individually, considering the specific circumstances of the tenancy and the pet involved. Importantly, landlords have a 28-day window to reply in writing once a request is made. Failure to respond within this timeframe enables tenants to escalate the matter to the courts.

During this period, landlords may seek further information about the pet, such as its size or breed, to inform their decision. Any such request for additional details must be made within the initial 28 days, and tenants are expected to respond promptly. Following receipt of the tenant’s reply, landlords then have seven days to communicate their final decision. This structured process aims to ensure transparency and fairness in handling pet requests.

Guidance on Assessing Reasonable Pet Requests

Many landlords face challenges determining what constitutes a reasonable request to keep a pet. To assist, Dogs Trust has collaborated with the National Residential Landlords Association (NRLA) to provide practical advice. The charity emphasises that dogs, for example, can be accommodated in smaller homes provided their welfare needs are met. These needs primarily include sufficient exercise, mental stimulation, and owner commitment to the animal’s wellbeing.

Indoor space should allow the dog access to essential items such as a resting place and feeding area without obstruction. Additionally, the property should enable owners to manage any specific behavioural requirements, such as separating the dog from household members if necessary. This might be achieved through the use of doors, additional rooms, or barriers like baby gates. The NRLA also advises landlords to consider the hygiene and safety of indoor spaces and to factor in how tenants maintain the property during referencing checks.

Considerations Regarding Property Size and Pet Numbers

While having a garden can be advantageous for pet ownership, Dogs Trust clarifies that it is not a mandatory requirement for responsible dog care. The number of pets requested may also influence the assessment, with multiple animals requiring careful consideration of the property layout and the tenant’s experience. Each case should be evaluated on its own merits, taking into account the individual needs of the pets and the suitability of the accommodation.

This nuanced approach recognises that a blanket refusal based on property size or pet quantity may not always be justified. Instead, landlords are encouraged to weigh factors such as the tenant’s ability to care for the animals and the potential impact on the property, rather than relying solely on assumptions or generalisations.

Government Guidance on Grounds for Refusal

The government has outlined specific circumstances under which landlords may refuse a tenant’s request to keep a pet. These include situations where another tenant has a documented allergy, the property is unsuitable due to size constraints for larger or multiple pets, the pet is illegal to own, or where leasehold agreements prohibit pets. Notably, a landlord’s personal allergy is not recognised as a valid reason for refusal under current guidance.

Conversely, landlords cannot refuse requests based on personal dislike of animals, previous issues with tenants who had pets, concerns about potential future damage, or fears that pets might affect future lettings. Additionally, requests involving assistance animals, such as guide dogs, must be accommodated. Any refusal must be communicated clearly and in writing, outlining the specific reasons to the tenant. Tenants retain the right to challenge refusals they consider unreasonable, potentially through complaints or legal action.

What this means for landlords

Landlords should be prepared to engage constructively with tenant requests to keep pets, ensuring they follow the statutory timelines for responses and requests for further information. It is essential to assess each request individually, considering the pet’s welfare needs, property suitability, and any potential impact on other tenants or the property itself. Clear, written communication is vital, particularly when refusing a request, to avoid disputes and potential legal challenges.

Landlords may also need to review tenancy agreements and referencing procedures to incorporate considerations related to pet ownership. This includes evaluating how tenants have maintained previous properties with pets and ensuring that any pet-related clauses comply with the Renters’ Rights Act. Staying informed about evolving guidance and best practices will help landlords manage pet requests fairly and compliantly.

What TLA members should consider

• Familiarise themselves with the Renters’ Rights Act provisions relating to pet requests and the associated response timelines.
• Request detailed information about the pet when necessary, such as size, breed, and behavioural traits, within the initial 28-day period.
• Assess each pet request on its individual merits, considering the property’s suitability and the tenant’s ability to meet the pet’s welfare needs.
• Ensure all communications regarding pet requests, approvals, or refusals are provided in writing and clearly explain the reasons.
• Incorporate pet-related considerations into tenant referencing and property management procedures, including hygiene and property care standards.
• Seek professional advice where necessary, particularly if a refusal is contested or if the circumstances are complex.

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