I keep hearing that the government has said it’s no longer legal for landlords to ban pets from rental properties, is that true?
Like most things where our government is involved, the answer is not straightforward.
In January 2021, The Housing Minister, Christopher Pincher MP, brought The Renter’s Reform Bill to parliament as part of the government’s “levelling out” plan. This bill included (but was not limited to) a section which lifted the blanket ban on pets in The Model Tenancy Agreement.
The Model Tenancy Agreement is a government issued, recommended template for landlord-employee contracts, which sets out obligations from both parties, and is a legally binding contract when signed as part of a rental agreement.
Pincher says:
“We are a nation of animal lovers and over the last year, more people than ever before have welcomed pets into their lives and homes.
“This [change] strikes the right balance between helping more people find a home that’s right for them and their pet, while ensuring landlords’ properties are safeguarded against inappropriate or badly behaved pets.”
Before the proposed changes, the “default position” of the landlord using the Model Tenancy Agreement, was that they did not have to have a reason to refuse pets in their rental properties. This means that not only do tenants with pets have a terrible time finding a home, but tenants in-situ could be evicted for getting a pet as it would break their tenancy agreement.
Currently, only an estimated 7% of rental properties are advertised as pet friendly, whereas 62% of households are now estimated to house a pet, which creates a huge problem for pet owners who are not on the property ladder.
What does the bill mean?
With the Renters Reform Bill, tenants in-situ will have the right to request a pet in their rented property; a request which the landlord must consider and have a “fair” reason to refuse.
The tenant must submit a written request to the landlord to house the pet, and the landlord is required to respond within 28 days, where they can either accept the pet, or provide a “reasonable excuse”. The “reasonable excuse” is open to interpretation; there are no set guidelines on this. However, size, outdoor access, risk to the animal or impact on the neighbours are among the common objections.
The landlord may also reasonably refuse if their superior landlord does not allow pets.
Overall, what can be said for The Renters Reform bill, is that it is likely (once implemented) to improve the situation for tenants who are in-situ and under contract who wish to keep a pet.
What the bill DOES NOT mean:
It will not make it easier when renters with pets are looking for a new tenancy. The rental market is still extremely competitive, with rental homes in high demand and short supply. There is nothing in the Renters Reform Bill to stop landlords from using pet ownership as an excuse to select a different tenant, because the prospective tenant still must have prior consent from the landlord if they wish to keep a pet.
So, it stands to reason that the demand for those 7% of rental homes that are advertised as pet friendly will remain extremely high, and renters looking for their next tenancy remain in a precarious position.
Moreover, landlords have no obligation to renew a tenant’s contract, and so if they have not found a “reasonable excuse” to refuse a pet, there’s nothing stopping them from serving notice to the tenant once the tenancy agreement ends and finding a new tenant without a pet to take up the tenancy instead.
To complicate matters further, the Model Tenancy Agreement is guidance, not law, therefore the landlord does not have to utilise it. However, it is legally binding once signed, and so both parties must legally adhere to the terms.
Not all landlords use the Model Tenancy Agreement, and they are not legally required to do so. They are allowed to have their own, binding tenancy agreement drawn up which would omit any responsibilities (pet related or otherwise) set out by the Model Tenancy Agreement – so watch out for these!
The consequences of this lack of attention are further reaching than just causing stress for tenants; the situation continues to be catastrophic for pets. Animal shelters are overflowing with animals who are caught in the crossfire, where people are being forced to give up their pet or become homeless themselves. According to a recent report by ITV, problems with accommodation account for 10% of reasons for giving up a pet.
It is important to note that the reforms to the Model Tenancy Agreement are also not yet in effect and are not expected to be until 2024 or maybe even 2025.
To conclude, the changes, when they eventually come in, are flimsy, easily dodged and are not even legally enforceable unless you are a tenant in-situ that has signed a contract with a landlord using the Model Tenancy Agreement. They also do nothing to aid the disparity between rental homes available and number of would-be tenants with pets, and therefore there is still more legislation required to aid the crisis.
Sources:
www.landlordadvice.co.uk
www.statista.com
www.itv.com
And a big thank you to Lynn at Castle Estates Lettings – Bramhall
We like to keep on top of current affairs that concern dogs and dog owners, find some more woof-tastic articles on our dog blog.
Add a comment