Complete landlord's guide to lets for pets

Complete landlord's guide to lets for pets

Enabling rentals to individuals with pets presents landlords with access to a substantial segment of the rental market. However, merely a small percentage - 7% of UK landlords presently advertise their properties as accommodating pets. The ownership of pets reached an unprecedented pinnacle of 59% in 2020/21, largely attributed to the pandemic and heightened homebound periods. Given the prevalent fondness for pets within the population, might it be time for UK landlords to expand their offerings to include more pet-friendly rental options?

While a significant number of pet proprietors act responsibly in caring for their animals, many landlords and letting agents proscribe pets from their rental premises due to potential damages they might incur. Consequently, a Dogs Trust survey indicates that 78% of pet owners have encountered challenges in locating accommodations that welcome pets. This is hardly surprising given the historical inclusion of pet clauses that forbid animals in most lease agreements. While such an approach may have suited the era when the rental market was modest and primarily comprised flats, the current expanding UK rental landscape, catering to a diverse array of potential tenants, including families, raises concerns that a substantial number may be precluded from renting if pet ownership is prohibited.

Renting to pet-owning tenants naturally carries a certain level of risk, as some pets can inflict expensive and enduring property damage. However, responsible pet owners with well-behaved animals can prove mutually beneficial. Tenants secure homes with receptive landlords, resulting in contentment for all parties involved—including the pets.


What is the impact of the law on landlords who permit pets in rentals?

Lately, there has been ambiguity concerning the legal status of landlords and renters who own pets. Various endeavours have been undertaken by Members of Parliament to introduce fresh laws that would automatically permit pets in rental residences. Despite the legislative initiative to create more stringent criteria for landlords to decline pet-owning tenants, which includes a pending proposed bill for pet safeguarding awaiting parliamentary endorsement, the prospects of its immediate implementation seem doubtful.


The Government's Stance on Pets in the Model Tenancy Agreement

The government has a vested interest in facilitating the housing of low-income families through the private rented sector (PRS), resulting in their concern for tenants with pets finding suitable homes. Recently, the government has actively advocated for landlords to be more open to accommodating pets. In their updated model tenancy agreement, there's a notable shift, where landlords will no longer have the blanket authority to prohibit pets in their properties without valid grounds. On page 29 of the agreement, a specific clause states:

"A tenant is required to seek the landlord's advance written consent if they intend to keep pets or other animals at the property. The landlord should not unjustifiably withhold or unduly delay a written request from a tenant without assessing the request's merits.

The landlord should grant such a request if they ascertain that the tenant is a responsible pet owner and that the type of pet is appropriate considering the property's characteristics.

Unless the landlord declines the written request, supported by legitimate reasons, within 28 days of receiving the request, consent is assumed to be granted.

The landlord is not permitted to impose a fee on a tenant wishing to have pets or other animals at the property.

The possibility of approval might be tied to the condition that the tenant provides an additional, reasonable contribution to the deposit. However, this deposit must adhere to the deposit ceiling stipulations outlined in the Tenant Fees Act 2019."

While the government's comprehensive and well-drafted model tenancy agreement exists, it is not widely adopted. Notably, it's an extensive document spanning around 64 pages. Furthermore, its design encourages longer tenancy terms of two years or more, which is distinct from the preference of most landlords and agents who tend to favour terms ranging from six to 18 months.


Tenant Fees Act 2019 - Implications for Landlords

Landlords in England face another factor to consider: the Tenant Fees Act 2019, which enacted a ban on tenant fees and established a limit on tenancy deposits, capping them at five weeks' rent. This limitation often leaves insufficient funds to account for potential damages caused by pets.

The notion of amending the Act to enable landlords in England to either request additional deposits from pet-owning tenants or mandate them to obtain supplementary insurance was dismissed by the government. Consequently, numerous landlords in England (note that the regulations differ in other parts of the UK where larger deposits are still permissible) find themselves with no alternative but to increase the rent for tenants with pets. This adjustment ensures that landlords do not incur losses in the event of property damage caused by pets.


Is it Possible for Landlords to Prohibit Pets?

The Consumer and Markets Authority (CMA) contends that contracts containing a complete prohibition on pets would likely lack enforceability, as they should assess all reasonable requests and specific circumstances. According to the CMA guidance, "We are unlikely to object to a term prohibiting the keeping of pets that could harm the property, affect subsequent tenants, or be a nuisance to other residents."

Hence, can landlords indeed enact pet bans, such as through a 'no pets allowed' clause in a lease agreement? The CMA opposes broad exclusions of pets in rental agreements without due consideration of the complete context. Comparable legislation in EU member states has also found such terms in rental contracts to be unfair, as they might preclude tenants from even keeping a pet as simple as a goldfish.

Any legislation introduced would need to be both reasonable and proportional to the given circumstances. Certain situations might necessitate exemptions for pets in rental properties, such as instances where a master lease prohibits any occupant from having pets or when the number of animals exceeds the property's size constraints.

The fundamental principle remains that although tenants can request to have pets on the property, and the Government's updated model tenancy agreement designates pet consent as the default stance, the ultimate decision on leasing a property is still within the landlord's prerogative.


What are the benefits of allowing pets?

Tenants who are responsible pet owners can bring a sense of stability to a rental property, often resulting in longer occupancy periods. Once they locate a hospitable residence for themselves and their pets, they tend to be hesitant about relocating due to the potential recurrence of difficulties in finding a pet-accepting rental, a situation encountered with other landlords as well. Given the scarcity of pet-friendly rental options, tenants are frequently inclined to offer higher rent for such accommodations.

Considering that approximately half of all tenants have pets of various kinds, enforcing a ban on the most common types—dogs and cats—results in the exclusion of a significant portion of the rental market. Moreover, some tenants might violate their lease terms by introducing pets without notifying the landlord. Thus, it might be prudent to openly address the matter, granting you a higher degree of oversight. By doing so, tenants won't feel compelled to deceive or surreptitiously introduce pets, and mutually agreeable rules can be established. This proactive approach enhances transparency and allows for the establishment of rules that satisfy both parties.


What are the drawbacks of allowing pets in rentals?

There's no denying it - welcoming an irresponsible tenant with inappropriate pets can become a genuine ordeal for landlords.
Dogs and cats, in particular, can result in substantial costly damages: floorboards scratched, table legs chewed, and carpets soiled irreparably, leaving persistent odours. Lawns can also suffer harm.

Being a conscientious pet-owning tenant demands significant effort, involving cleaning up messes and ensuring dogs receive consistent exercise while granting cats outdoor access to prevent their frustration from being directed at the property's fixtures. While some tenants might attempt to confine their pets' movements within the premises and manage their bathroom behaviour, such actions are not guaranteed.
Pets left unchecked can prompt grievances from neighbours, especially if incessant noise or harm to their flora and foliage occurs. As endearing as a new kitten might be, the damage they can cause if not properly cared for during their training phase can be significant - resulting in scratches and odours that can be quite distressing.

Larger pets like dogs are typically restricted from flats, as tenants might be absent throughout the day, leading to disruptive barking that inconveniences neighbours. In situations where properties are adjacent, such as apartments within a complex, allowing noisy pets can even result in the loss of other tenants. Certain rental properties are simply not suitable for accommodating pets.


What precautions can you implement?

While allowing rentals with pets introduces certain risks and might not be suitable for all properties, there are indeed benefits if your rental property is well-suited for it. What precautions can you establish to effectively handle these risks?


Incorporating pet provisions into lease agreements

A well-defined lease agreement forms the bedrock of a prosperous tenancy arrangement. This document delineates both your responsibilities and those of your tenant, dictating how the property should be maintained and returned when the tenancy concludes, thus averting potential conflicts down the line. Introducing a 'pet clause' into the lease agreement is advisable, explicitly indicating whether pets are permitted on the premises. Given the prevailing significance of pet consent, landlords are required to furnish explicit written justifications should they decline a pet request. Rather than an automatic prohibition, it's prudent for landlords to deliberate on this matter beforehand.

In cases where pets are sanctioned, the pet clause serves as an avenue to stipulate the tenant's obligations. This could include guidelines like refraining from leaving the pet unattended on the property for extended periods and ensuring that the pet is properly vaccinated and treated for pests like fleas and worms.


Routine property inspections

Incorporating routine property inspections into your tenancy management can serve as a proactive measure against pet-related issues. Commencing at the start of the tenancy, these checks should encompass an inventory report detailing the property's state and its contents, complemented by signed and dated photographs. These visual records can later be employed for comparison upon the tenancy's conclusion.

Conducting regular mid-tenancy property inspections serves to promptly identify any indications of pet-inflicted damage. Moreover, this practice provides an opportunity to capture photographs, which can serve as substantiating evidence in case of disputes arising at the tenancy's culmination. Comprehensive insights on check-in inventories, mid-term inspection reports, and check-out reports should also be explored.


Assessing Potential Tenants and Their Pets

Taking measures to evaluate prospective tenants and their pets is a judicious approach. Meeting potential tenants alongside their pets, preferably within their current living environment, can provide insight into the pet's demeanour and behaviour.

Pets of a certain age, particularly dogs and cats, typically present lower risks compared to younger, less-trained animals.

A commendable practice, endorsed by the Dog's Trust, involves requesting a pet reference from the prospective tenant's previous landlord. The Dog's Trust outlines key factors to consider in a pet reference from a previous landlord:

  • Duration of the tenant's cohabitation with pets in the prior residence
  • Identification of the pets owned during that period
  • Assessment of the tenant's responsibility as a pet owner
  • Conduct and behaviour of the tenant's pets
  • Incidence of property damage caused by the pets
  • Instances of disturbance to neighbours or visitors prompted by the pets

Additionally, ensuring that the pet has received all necessary vaccinations is crucial, with the veterinary records providing evidence thereof.

In situations where tenants lack a pet-tenant history, landlords might consider soliciting a reference from their veterinarian. However, not all veterinarians may be willing to provide such references. If they are amenable, besides verifying vaccination status, they could potentially affirm:

  • General demeanour and behaviour of the pet
  • The tenant's adherence to responsible pet ownership practices
  • Consistency in offering exercise, preventive healthcare, vaccinations, flea treatments, etc.


Pet-Related Rent Adjustments

Historically, landlords and letting agents have commonly imposed a higher deposit when renting to tenants with pets. This precaution stemmed from the potentially elevated risk of property damage, often necessitating professional cleaning following the occupancy of pets. In more severe cases, substantial replacements like carpets might be warranted, and even an escalated deposit might fall short of covering the supplementary expenses. Further insights can be gained from our pets, replacement carpets, and cleaning case studies. However, is it permissible for landlords to levy an additional fee for pets?

Due to the possible amplification of property damage associated with pets and the absence of options like heightened deposits or non-refundable charges, which were admissible before the tenant fee ban, it has become increasingly acceptable for landlords to advertise properties at an escalated rent rate for pet-owning tenants. While this remains a topic of contention, listings are now surfacing on rental platforms like Rightmove, featuring added charges as substantial as £40-50 per month for dogs.

A recent report revealed that a growing number of landlords are imposing an extra monthly fee of approximately £50 for tenants with pets. A highlighted letting agent in the article indicated that the introduction of pet rent followed the capping of deposits, with increasing rent emerging as the only viable measure for landlords to safeguard their interests without contravening regulations.


Is pet damage insurance accessible?

Standard landlord insurance policies typically exclude coverage for pets. Insurance providers are attentive to the associated risks and the potential surge in claims that could arise if pet coverage were integrated into their policies for rental properties. As legal dynamics shift and the prevalence of pet-inclusive rentals increases, which appears probable, a greater array of insurance options catering to pets may likely emerge.

Anticipated Legal Amendments Impacting Landlords and Pet Rentals

Conservative MP Andrew Rosindell has introduced legislation to parliament that could potentially bring about changes in pet-related laws. His bill, known as the Dogs and Domestic Animals (Accommodation and Protection) Bill, is aimed at imposing stringent restrictions on landlords' ability to enforce a "no pets policy" within rental properties.

Through the use of a Private Members' Bill, specifically a 10 Minute Rule Bill, the former shadow minister for animal welfare and Member of Parliament for Romford seeks to shed light on the often inequitable situations where renters are compelled to part with their cherished pets upon relocating to new homes.

Rosindell asserts that the proposed bill, known as "Jasmine's Law," would prevent landlords from prohibiting "responsible owners" from having pets in rental homes. The inspiration behind the legislation stems from cases like that of Jasmine, a dog separated from its owner Jordan Adams due to pet restrictions in rental properties. Rosindell further highlights the tragic incident involving John Chadwick, a homeless individual who tragically ended his life after the only housing option provided by his local council forced him to part from his beloved pets.

The intended changes aim to address landlord concerns by requiring tenants with pets to establish their status as "responsible owners" through a suggested checklist. This checklist would encompass a veterinarian's confirmation of the pet's vaccinations, spaying/neutering, parasite-free status, and basic obedience training for dogs. In scenarios where tenants demonstrate their responsible ownership and the accommodation is deemed suitable for their pets, the right to reside with a pet in rental properties would become an automatic entitlement.

Notably, prominent animal rights and welfare organizations, including the RSPCA and Battersea Dogs & Cats Home, endorse the proposed legislation.


Pet-Friendly rentals in a nutshell

A rising trend involves a growing demand from tenants seeking consent to have pets. The pandemic and the growing acceptance of the 'hybrid' work model indicate that individuals have more availability to devote to their pets. Potential legal alterations on the horizon will likely reinforce their case further.

For landlords open to adaptation and reconsideration of their previous positions, an opportunity emerges. Implementing precautions such as soliciting pet references and proposing a sensible rent increment for pet accommodation could prove advantageous in the long run for all parties involved.



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