Model Tenancy Agreement

The government has not been blind to the predicament faced by renters with pets. The revised model tenancy agreement (January 2021) made pet ownership the default position for landlords, who would have to object in writing within 28 days of a written request from their tenant to keep a pet and provide good reason for any refusal. With this, many said the days of landlords issuing a  ‘blanket ban’ on pets seemed to be well and truly numbered.

However, the model tenancy agreement is not obligatory: landlords can choose to use this, or use their own tenancy agreement tailored to their own interests and property. At best, the model tenancy agreement is encouraging UK landlords to become more open to allowing pets in their properties, or the UK government ‘leading by example’ in trying to broaden the availability of pet-friendly rental properties.

Consumer Rights Act (2015)

Whilst landlords currently do not have to adhere to the ‘default’ position of allowing pets under the model tenancy agreement, the Consumer Rights Act (2015) means that ‘unfair’ terms in any contract can be struck out. So, if a landlord has a blanket ban on pets in their tenancy agreement, and it is deemed to be ‘unfair’ (i.e., it is not reasonable for this clause to be in place, for example if the property is spacious and unfurnished) then it could be struck out of the tenancy agreement. As a result, many solicitors advise landlords to avoid a blanket ban on pets, and instead include clauses such that prior permission must be sought for any pet (in writing). The landlord can then refuse or oblige, depending on whether they pet is suitable for the property.

Whether or not it is reasonable for a landlord to refuse a pet request is a bit of a grey area, but with most reasonable landlords and tenants, common sense should prevail. It is unreasonable to keep a St. Bernard dog in a studio apartment, but a detached property with large garden would be suitable. If a rental property has been furnished by the landlord, they may refuse on the grounds that the pet could damage their possessions and the landlord would not be able to recoup their financial loss in replacing damaged items due to the limitations imposed on the charges they can apply to tenants under the Tenants Fees Act (2019).  

The future

The good news is that change is afoot for private renters and landlords, in the form of the Renters’ Reform Bill. Dubbed a ‘game-changer’ by the housing charity Shelter, the Bill seeks to give tenants and landlords greater rights. 

Renters’ Reform Bill

A Fairer Private Rented Sector White Paper (June 2022), published by the Department for Levelling Up, Housing and Communities, outlines proposed legislative changes under the Bill due to be introduced in 2023. Although the main headline of the Bill is ending ‘no fault evictions’, it also proposes a stop to ‘blanket bans’ on pets being imposed by landlords. Under the new legislation, all tenants can submit ‘pet requests’ to their landlords, who cannot reasonably refuse these. Tenants will also be able to challenge refusals.

The Renters’ Reform Bill ties in with changes to the Tenant Fees Act (2019) that would allow landlords to insist that their tenants hold Pet Insurance. In theory, this will incentivise landlords to make their properties pet-friendly, as they needn’t fear paying for pet-related damage themselves. Yet many tenants’ associations and activists such as Generation Rent feel the additional cost of Pet Insurance (between £10-20 per month, according to Generation Rent) is an unnecessary and unfair charge for tenants, and argue that landlords could take money for repairs from their deposit instead.

Dogs and Domestic Animals (Accommodation and Protection) Bill

A Bill advocating the right to keep pets in rented and temporary accommodation is awaiting its second reading in the House of Commons. 

The Dogs and Domestic Animals (Accommodation and Protection) Bill aims to help private renters with well-behaved pets find accommodation. It proposes that there is a right to keep a dog or other domesticated animal in rented or temporary accommodation, “notwithstanding any contract or agreement to the contrary” (for example, a tenancy agreement), but that tenants must hold a certificate of animal guardianship. Obtaining certification would involve the following, certified by a Vet:

• having a dog or cat microchipped, or proving that it is microchipped already
• demonstrating that dogs can respond to basic commands
• having up to date vaccinations, and regular de-worming and flea treatment where applicable.

Proposed exceptions to this legislation include:

• where the landlord holds a certificate of exemption, for example for medical or religious reasons
• where a property, dwelling or entire building is not suitable for pets, for example if they would create a private nuisance or be a danger
• specific breeds or species of pet. 

This Bill is likely to be welcomed by landlords who, from experience, feel the problem is more often the owners, rather than the pet; the onus here is on responsible pet ownership. Although any pet (in particular, dogs) will add to the general wear and tear in a property, a responsible owner who cares for their pet appropriately will minimise this.

Summary

Although recent legislation limiting the charges that landlords can impose on tenants have seen a demise in pet-friendly rental properties, the pet boom associated with Covid has highlighted the predicament of the many UK renters with pets and many landlords not wanting to risk damage to their property that they cannot cover. Legislative changes coming into force in the not-too-distant future aim to make it easier for tenants to find accommodation with their much-loved pets, and encourage responsible pet ownership.