Can a landlord refuse to let me have pets in rental properties?

The issue of pets in rental properties is an ongoing one. Due to new coverage of proposed changes that would force landlords to allow pets in rental properties, many tenants now believe that they are entitled to have pets in their rental property. However, as yet, this is not the case.

What is the current legislation on pets in rental properties?

At present, the proposed legislation that would allow pets automatically in let properties is nowhere near being law and has only really been presented as an overview during the recently published government update: A fairer private rented sector. Within this, the government announced the intention to introduce a Renter’s Reform Bill and as part of this, the legislation would be updated such that landlords would not be able to refuse a pet without good reason and that tenants can challenge any refusal. This is likely to occur in 2023. It is also likely there would be a number of exceptions and limitations that would need to be put in place before this could occur.

Before the recent fees update there was the option for landlords to charge an additional deposit for pets or to request a fee for having pets. However, this is now not allowed as this would breach the deposit cap requirements in the Tenant Fees Act 2019. This change has further reduced the number of landlords willing to consider pets in their rental properties. We expect that part of the new legislation will be the inclusion of a pet fee or a good pet agreement which would offer landlords further peace of mind when accepting pets while still providing the option for tenants to have pets in their home.

Currently, landlords are very much within their rights to refuse pets within rental properties with the exception of trained assistance animals such as guide dogs. However, guidance suggests that pets should not be unreasonably refused. But the issue is what is unreasonable?

Why will some landlords accept pets and others won’t?

Every landlord is likely to have a different relationship with the issue of pets in their rental property. Some landlords are flat out against it regardless of the pet in question or the situation. This could be due to various factors relating to that specific landlord or rental property.

Some landlords will take pets but only in specific cases, or they may limit the type of pets, for example, some of our landlords are happy with anything in a hutch/tank such as snakes or outdoor rabbits but they won’t accept things like dogs and cats. Other landlords will accept small dogs but not cats and so on. The range of approaches is endless.

There are very rare occasions where you find landlords that will accept almost every/any pet, but these are as rare as hens’ teeth and even then, they often like to have final approval on the pets before accepting them.

Sometimes landlords will refuse a specific type of pet due to the circumstance of the rental property. For example, if they are aware that the garden is difficult to make fully secure, they may refuse larger dogs who could get out. By the same token, if there is local hostility towards cats that roam, a landlord may choose to refuse outdoor cats to remove the risk of the cat being injured and to keep the peace with the local neighbours.

Pets in flats

All of the above applies to pets in any rental property, but there are also additional considerations in rental flats. A landlord who owns a flat will often have a leasehold. This means they own the flat but they don’t own the building; that would be the person with the freehold.

This has a particular impact in the case of pets as many flats will have building or leasehold rules which control what is accepted in the building. This can include issues such as subletting, putting plants on balconies or pets. Lots of flats cannot accept pets, not because the landlord is refusing them but because there is a rule within the leasehold agreement which means pets are not accepted in the whole building. Additionally, there are other things to consider when deciding if a pet can be accepted in a rental flat such as the noise impact on other residents, what floor the flat is on, the type of building the flat is in and the type of common spaces in the building.

What to do if you are a tenant with pets looking for a rental property?

If you are a tenant who already has pets, the best thing you can do is be open and honest about what pets you have and your situation. We often meet potential tenants who don’t disclose they have pets until very late in the process. In some cases this is not a problem, but if that landlord doesn’t accept pets for whatever reason, it means we have all wasted time and money on an unsuitable rental property.

At Bright Star Lettings, we see ourselves as property matchmakers and problem solvers, so we make a real effort to try and match our landlords and tenants so they are the ideal fit for each other. This can mean choosing the tenant that fits with the goals that landlord has for their property. Or it can mean thinking about how a property is likely to work with the specific needs of a potential tenant. The same applies for pets.

If we know from the outset that you have pets and what those pets are then we can try to place you with a landlord and a property that fits your needs. As I mentioned above, there are plenty of times when a landlord is opposed to one pet but not to another. Our close personal service for our landlords means we understand what pet situations they are willing to consider and which ones they absolutely would not consider.

One option that has worked for our clients in the past is rental property pet insurance. This is paid for by the tenant directly and it effectively covers the cost of any damage done by your pet to the rental property.

So, the key is to communicate, be honest and work with us to help you find the ideal rental property for your circumstances.