Expert reveals rights to keep pets in rented homes ahead of change in law

Pets can bring a huge amount of joy to their owners and a change in law proposed this year is expected to give more rights to renters when it comes to keeping pets. The Renters’ Rights Bill promises to transform the experience of private renting and improve the current system for both the 11 million private renters and 2.3 million landlords in England.

Kelvin Elliot, from Property Sale Watchdog, said: “I’ve seen firsthand how important it is for tenants to understand their rights and never is this more important than when it comes to pets, which are an intrinsic part of families. Knowing your rights as a tenant when it comes to your pet is a priority.

“However, as with so many areas of the law, your right to have pets in your rented property is not always simple. The good news is, there are changes coming which could mean good news for pet-owning tenants.

“The government says it is committed to supporting responsible pet ownership in the private rented sector. The new bill will ensure landlords do not simply refuse a tenant’s request to have a pet in their home just because they can. It will enable renters to challenge unfair decisions. This is great news for renters, hopefully putting an end to blanket refusals often imposed by landlords.”

The current position

As things stand now, you must obtain written consent from your landlord if you wish to keep pets in your rented property.

Kelvin said: “In theory, that consent should not be unreasonably refused. However, in practice, it is fairly easy for landlords to find reasons to do just that.”

Common reasons for landlords refusing pets in their properties include wear and tear; the cost of insurance because having pets can increase premiums; a particular type of pet is not suitable for a property; a pet could cause a nuisance; or that there may be risk of infestation.

Kelvin said: “Many of these common reasons for refusal can be applied to any pet, leading to landlords imposing blanket bans on renters having any pet in their property. Unfortunately, the current rules often prevent renters from owning pets, no matter how responsible they are or how well behaved their pet is.”

The new law

The Renters’ Rights Bill was introduced in parliament in May 2023 and is expected to become law later this year. It will be a comprehensive piece of legislation aimed at improving the rights of tenants and the property standards which they are entitled to expect. It will also include new rules for ‘pets in lets’. While this won’t force landlords to allow pets, it will improve the likelihood of gaining approval for tenants.

Kelvin said: “Landlords will be required to fully consider all requests to keep a pet on a case-by-case basis. If a tenant feels that their landlord’s refusal to have a pet is unreasonable, they will be able to escalate their complaint to the Private Rented Sector Ombudsman, or they could take the case to court.

“As we see changes in legislation, it's crucial for renters to understand their evolving rights regarding pet ownership. The shift towards allowing pets by default in rental properties is a significant step forward, ensuring that families can keep their beloved pets without undue restrictions."

Until the Bill becomes law, tenants are still at the mercy of their landlords and finding pet-friendly ones isn’t always easy. Also, even once the Bill is brought into law, there will still be gaps in the protection afforded to tenants. This is particularly the case for those in social housing for whom the rights in the new Bill wouldn’t apply.

The Good

• Landlords won’t be able to blanket ban tenants from having pets.
• Tenants will have the right to ask the landlord for permission to have their pets live with them at the rental property.
• Landlords will have to consider requests and won’t be able to refuse unreasonably.
• Existing tenancies will have to transition to the new system within a fixed timeframe after the implementation.

The Bad

• Landlords will be required to consider requests but will still be able to refuse.
• Tenants may be required to take out insurance to specifically cover damage caused by pets living in the property.
• The landlord could take the tenant to court to cover damage caused by a pet if not covered by insurance or the tenancy deposit.
• Until the Bill becomes law, landlords can still refuse to allow pets in rented property.

The Ugly

• Once the Bill becomes law, a refusal from a landlord can be escalated to the Private Rented Sector Ombudsman or through the court. However, this will likely bring with it delays and costs, neither of which will play into the hands of pet-owning renters.
• Once the Bill becomes law, the new system will be implemented in two stages. This will impact new tenancies first, but existing tenancies will have to wait longer for the same rights under the Bill.

Beyond The Legislation

The new Bill will be welcomed by tenants. However, it’s important to remember that the key to a successful landlord / tenant relationship is trust, respect and communication. Legislation is there to protect both sides when things go wrong or there is a misunderstanding.

Kelvin sums up: “While the new laws aim to make it easier for tenants to keep pets, both landlords and tenants need to balance their rights with responsibilities. Ensuring that pets don’t cause undue disturbance or damage is key to maintaining harmony for all parties involved."