New Landlord Obligations
Currently, unless a landlord uses the government’s model tenancy agreement, they can refuse to allow pets and they can also refuse to consider tenants who have children or receive benefits.
The Renters' Rights Bill will outlaw these ‘blanket bans’.
Key changes:
- Tenants will be given the right to request permission from the landlord to keep a pet.
- Landlords will be unable to refuse a pet request without good reason.
- Landlords will be able to require pet insurance.
- Discrimination rules will be tightened to outlaw ‘blanket bans’ on tenants in receipt of benefits or with children.
What This Means for Landlords
- Any blanket ‘no pets’ or ‘no children’ or ‘no benefits’ policies will not be enforceable.
- Landlords will no longer be able to refuse to allow their tenant to keep a pet, unless they provide a good reason, e.g. the property isn’t suitable for the type of pet, or it is prohibited by the head lease, allergy issues.
- Landlords will have 28 days to refuse a written request.
- Assistance animals (e.g. guide dogs) must be accommodated under disability protections.
- Pet damage insurance will become a permitted payment under the Tenant Fees Act. This means landlords will be able to ask the tenant to obtain pet insurance themselves or require them to cover the cost of it being taken out.
- Non-compliance with new discrimination rules could result in landlords being fined or legal action in court.
Steps for Landlords to Stay Compliant
- Ensure property adverts do not contain any discriminatory wording, such as ‘No DSS’ or ‘No pets’.
- Keep careful records of applicant vetting to ensure that if, for example, a tenant in receipt of benefits is refused, there is clear evidence of them failing affordability checks and it was not because of any bias or discrimination.
- Assess pet requests on a case-by-case basis and obtain references on the pet from previous landlords.
- Make sure tenancy agreements comply with the new rules – i.e. they don’t contain any discriminatory clauses.
- Reassess the property to ensure it is suitable to accommodate pets and children.
- If unsure about any aspect of tenants’ rights, seek advice from a lettings legal specialist.
If you let with us on a let only or a fully managed basis, you will not need to worry as we will take care of all this for you.
What This Means for Tenants
- Pet owners, those on benefits and those with children will hopefully have a greater choice of rented accommodation, and it should be much easier to find a home.
- All requests to keep a pet must be made in writing to the landlord.
- Tenants with pets will need to budget for the cost of pet insurance.
If a tenant believes they have been refused accommodation through discrimination, it will be easier to challenge that decision.
Book your FREE Renters' Rights Health Check
If you have any questions or concerns about discrimination rules or would like any advice on preparing your property to accommodate pets or children, we are here to help. Get in touch to book a Renters' Rights Health Check.
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FAQs
1) Will landlords still be able to refuse pets?
Only if they have a valid reason, e.g. if it’s a small flat and the tenant has a large dog, or a previous landlord has reported that the pet is noisy and would cause nuisance to close neighbours, the landlord has an issue with allergies.
2) Will landlords be required to accept all pets?
No, but requests will have to be considered on an individual basis - a blanket ban will not be enforceable.
3) Can landlords charge extra fees for pets?
Landlords are not allowed to require a separate ‘pet deposit’, but pet damage insurance will become a permitted payment under the Tenant Fees Act. And it’s worth noting that many tenants with pets are prepared to pay a monthly rental premium for an appropriate home.
4) Will these rules apply to all rental properties?
Yes, unless there are specific restrictions, such as clauses governing leasehold properties that prohibit pets.
5) What happens if a tenant’s pet causes damage?
Landlords can ask the tenant for financial compensation or deduct repair costs from the security deposit. It is advisable to take out pet damage insurance (for which the tenant can be charged) in case the tenant can’t or won’t pay.
6) Do assistance animals count as pets?
No, assistance animals are protected under disability laws and must be accommodated.
7) Will landlords be able to require tenants to get pet insurance?
Yes, pet damage insurance will become a permitted payment under the Tenant Fees Act.
8) What should landlords include in a pet policy?
Clear conditions on pet behaviour, responsibility, and any required insurance.
9) Will tenants be able to challenge a landlord’s pet refusal?
Yes, tenants can request justification and may challenge unfair refusals.
10) How can landlords ensure compliance with these changes?
- Check that tenancy agreements do not contain any clauses that violate anti-discrimination rules.
- Make sure adverts don’t contain any blanket bans.
- Stay updated on legal requirements and seek professional advice when needed.
- Use a qualified agent who is a member of Propertymark or RICS – we are members of both.