Over the past few years, as the Renters’ Rights Act went from a proposal to a legally binding act, there have been a lot of questions, concerns and frustrations surrounding its implementation.

There was a point, particularly as the date for royal assent was approaching, that landlords seriously considered selling up or working with letting agents to manage properties on their behalf so they did not miss any of the details of the new law and its implementation.

Perhaps the most well-known and possibly most controversial part of the act is how landlords can manage requests by tenants to have a pet, in no small part because the early guidance was particularly unhelpful.

There was an assumption that practically every pet request had to be accepted because of the vagueness of the phrase  “not to be unreasonably refused” used in the legal wording of the Act itself. 

There were even worries that it would put some landlords in legal no-win scenarios where they would be in breach whether they accepted or refused a request.

Do you, as a landlord, have to accept pets? Not if you have a good reason, but what constitutes this under the Act?

When Can Landlords Refuse To Allow A Tenant To Have A Pet?

According to the wording of the Act itself, a tenant can make a request in writing to keep a pet at the property and the landlord needs to make a decision within 28 days.

Landlords cannot simply have blanket “no pet” policies in their tenancy agreements anymore and must consider each pet on a case by case basis.

This decision, like many others in the rental sector, can be subject to challenge by a tenant and arbitrated by a rental ombudsman who reviews the case on its individual merits.

Landlords can delay the decision by asking for more information, and then have a week beyond getting the information they need to make a final decision.

Whilst these decisions are independent, there are some circumstances where guidance and precedent suggest a landlord has a reasonable right to refuse, such as the following.

The Property Is Unsuitable For The Particular Pet

Not every pet is suitable for every property, and if a landlord reasonably believes that the property is unsuitable for a particular pet to live in, they will often have grounds to refuse.

For example, a small top-floor flat or bedsit might not be the most suitable place to raise a large dog or an outdoor cat.

Someone Living In The Property Has An Allergy

If the pet could inadvertently cause harm to another tenant, such as an allergy to dog or cat hairs, then a landlord could make a refusal on the grounds of safety, although the best approach is to discuss this with anyone involved to try and find a solution that works for everyone.

The Freeholder Refuses

In cases of leaseholder landlords, the rights of the freeholder often take precedence, and if they have a blanket ban on pets, the landlord is not forced to break the law or breach their contract with the freeholder to allow it.

It Is An Illegal Pet

If a pet is an exotic pet, endangered or otherwise illegal, a landlord does not have to accept it.

What Are Unacceptable Grounds For A Landlord To Refuse A Pet?

• Worries about property damage or rental rates.
• A landlord simply does not like pets themselves.
• A previous experience with pets that have damaged a property.
• Refusing a support animal, such as a therapy pet or guide dog.