Landlord's Corner - Pets in Property
If a landlord had read some of the national newspapers in the last year, it’s fair to say they would be under the impression they were unable to refuse a tenant request for a pet. One tabloid used the following headline “New rules mean landlords can no longer automatically ban tenants from having pets”. As always, the devil in the detail.
Has a new law been introduced on allowing pets?
In short, NO. Such a headline creates confusion, not only for the landlord but also for the tenant, who may feel that a pet is allowed without seeking permission.
The Government have been publishing a Model Tenancy Agreement (MTA) since 2014, which landlords are allowed to use free of charge. The last update was made in late January 2021 and included new guidance, which has placed greater emphasis on the landlord to not automatically include a tenancy clause which prohibits a pet from occupying the rented property.
It states in the guidance notes accompanying the new version of the MTA, the following:
“The MTA has been revised to encourage landlords to offer greater flexibility in their approach to pet ownership and enable responsible pet owning tenants to find private landlords who will accept them.”
The MTA has been created by the Government as a good example template which landlords are encouraged to try and follow where possible. However, there is no obligation in law to use the MTA or indeed follow any of the clauses within the MTA unless the law stipulates it is a legal requirement i.e. not charging tenants excessive fees would be a good example. Therefore, the media have created a problem for the wider landlord population as they appear to have interpreted the revisions to the MTA as legally binding.
Is there a current law on pets?
There is currently one direct piece of legislation from 1950, called the Allotment Act, which allows for the “occupier of land”, i.e. a tenant, to house rabbits and hens on such land without the need for landlord permission. It would be fair to assume that the Act was created to tackle the food rationing issue, which was commonplace after World War Two. However, as of 2021, the Act still sits validly on the UK statute books and, therefore, must be complied with by landlords in the private rented sector.
However, a more common scenario for a landlord may be the request for a guide or service dog for an occupier or tenant. Even though the tenancy agreement may say *no pets*, it would be a reasonable expectation under the Equality Act 2010 for a landlord to agree to such a request. Failure to allow such a pet could be constructed as *discrimination* under the aforementioned Act and leave the landlord open to legal proceedings by the tenant or those groups acting on their behalf.
Summary
Notwithstanding the above, it appears the Government are moving towards a more pet-friendly stance with any new legislation they introduce into the private rented sector. At the moment, a warning shot appears to have been fired with the amendment to the MTA, although this is not currently legally binding on landlords.
However, landlords will need to be mindful that in a more litigious world, it could be deemed that refusing pets in future without good reason could be seen by the courts to be an unfair clause. We do not currently have any case law to back such a stance but it's always wise not to become the first landlord in a new test case.
If you have any questions, please do not hesitate to contact us.
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