Charity steps in as tenant allowed to keep cat despite initial refusal

A recent case involving a tenant’s request to keep a cat in a rented flat highlights the practical challenges and legal considerations landlords and letting agents face under the new Renters’ Rights Act. After an initial refusal based on the size of the property, a pet charity intervened to clarify the legislation, resulting in the tenant being allowed to keep her cat. This case underscores the importance of understanding the updated rules on pet permissions and the limits on landlords’ conditions.

Tenant’s Request and Initial Refusal

A tenant, referred to as Ms A, sought permission from her landlord to keep a cat named Marshy in her one-bedroom flat. The landlord initially declined the request, citing the flat’s size as unsuitable for pets. This response reflects a common concern among landlords about the suitability of smaller properties for animals, but it also raised questions about compliance with the Renters’ Rights Act, which aims to balance tenant rights with landlord responsibilities.

The pet charity AdvoCATS became involved to assist Ms A by explaining the legal framework to the landlord. Under the Renters’ Rights Act, tenants have the right to make reasonable requests to keep pets, and landlords are prohibited from unreasonably refusing such requests. The Act specifically prevents landlords from making broad generalisations, such as automatically disallowing pets in smaller flats, without considering the individual circumstances.

Understanding the Renters’ Rights Act Pet Provisions

The Renters’ Rights Act introduces a structured process for pet requests. Tenants must submit a formal request to their landlord, who then has 28 days to respond in writing. If the landlord does not reply within this timeframe, tenants may apply to the court for a decision. During the initial period, landlords may request additional information about the pet, such as its size or breed, but this must be done promptly within the 28 days.

Once the tenant provides the requested details, the landlord has a further seven days to make a final decision. This process aims to ensure transparency and fairness, preventing landlords from dismissing pet requests without proper consideration. In Ms A’s case, after AdvoCATS clarified these rules, the landlord granted permission for Marshy to remain in the property, subject to certain conditions.

Disputes Over Conditions Imposed

Although the landlord agreed to allow the cat, they imposed conditions including the requirement for Ms A to obtain pet damage insurance and to have the flat professionally cleaned by a contractor chosen by the landlord at the end of the tenancy. AdvoCATS challenged these conditions, citing that they were not consistent with the Renters’ Rights Act or the Tenant Fees Act 2019.

Specifically, the charity pointed out that while pet damage insurance was considered in earlier drafts of the Renters’ Rights Act, it was removed before the legislation was finalised. Consequently, landlords and agents cannot mandate tenants to purchase such insurance as a condition for keeping a pet. Similarly, requiring professional cleaning through a landlord-approved contractor is prohibited under the Tenant Fees Act, which restricts landlords from imposing certain fees and conditions on tenants.

After further communication, the landlord withdrew these conditions and confirmed that Marshy could remain without additional requirements. This outcome demonstrates the need for landlords to be fully aware of current legislation and avoid imposing unlawful conditions on tenants.

Government Guidance on Pet Requests and Refusals

The government has issued guidance to clarify when landlords may reasonably refuse a tenant’s request to keep a pet. Valid grounds include situations where another tenant has a documented allergy, the property is genuinely too small for a large or multiple pets, the pet is illegal to own, or leasehold restrictions prohibit pets. Notably, a landlord’s own allergy is not recognised as a legitimate reason for refusal.

Conversely, landlords cannot refuse requests based on personal dislike of pets, previous issues with tenants who had pets, concerns about potential future damage, or assumptions about the impact on future lettings. Additionally, requests for assistance animals, such as guide dogs, must be accommodated. These guidelines aim to provide clarity and promote fairness in pet-related tenancy decisions.

What this means for landlords

Landlords and letting agents should familiarise themselves with the Renters’ Rights Act provisions regarding pet requests to ensure compliance and avoid disputes. Blanket refusals based on property size or personal preferences are unlikely to be upheld and may lead to legal challenges or court applications by tenants. It is advisable to assess each request on its merits and engage in clear, timely communication with tenants.

Furthermore, landlords must be cautious about imposing conditions that could contravene the Tenant Fees Act or other legislation. Requirements such as mandatory pet insurance or specifying cleaning contractors may not be enforceable and could expose landlords to penalties. Seeking professional advice or consulting resources such as the TLA’s legal support hub can help landlords navigate these complexities.

What TLA members should consider

• Review and update tenancy agreements to reflect the Renters’ Rights Act provisions on pet permissions and refusals.
• Establish a clear process for handling pet requests, including timelines for responses and requests for additional information.
• Avoid blanket policies that automatically prohibit pets based on property size or personal preferences.
• Refrain from imposing conditions that require tenants to purchase pet insurance or use specific cleaning services, in line with current legislation.
• Keep informed about government guidance and legal updates related to pets in rental properties.
• Consider training or resources from the TLA Academy to ensure compliance and effective management of pet-related tenancy matters.

TLA Training Academy

The Landlord Association provides structured guidance, compliance education and practical support for landlords, letting agents and property professionals. Members can access training and resources designed to help them stay organised, informed and prepared.

Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/

Those looking to join and access member support can register here: https://landlordassociation.org.uk/get-started-with-the-landlord-association/

TLA update

The Landlord Association is continuing to expand its support, resources and partner network for landlords, tenants, agents and property professionals across the UK. Service providers interested in working with TLA can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/