Government sets out reasons why landlords can REFUSE pets

The government has set out the reasons landlords can cite to refuse pets in their properties – although the balance of power remains firmly with tenants.

Under Renters Rights Act measures coming into effect in May, if your tenant requests to keep a pet, you will not be able to refuse without a fair reason. 

You’ll need to consider each request on a case by case basis and once your tenant has asked for a pet, you will have 28 days to respond in writing. 

If you do not respond within 28 days, they will be able to apply to a court.  

In guidance notes for the new legislation the government says it may be reasonable for a landlord to refuse a request in some circumstances, such as:  

• another tenant has an allergy;
• the property is too small for a large pet or several pets;
• the pet is illegal to own;
• if you’re a leaseholder, and your freeholder does not allow pets.

However the same guidance notes specify that it will not usually be reasonable to refuse if you: 

• do not like pets;
• have had issues with tenants who had pets in the past;
• have had previous tenants with pets who damaged the property;
• have general concerns about potential damage in the future;
• think a pet might affect future rentals;
• know the tenant needs an assistance animal, such as a guide dog.

If you refuse a request for a pet, you will need to respond to your tenant in writing. You will need to explain why you are refusing the request.  

Your tenant will have the right to challenge the refusal if they believe it is unreasonable. They will be able to submit a complaint to you or apply to the court to start court proceedings against you.  

The court may enforce the rules if they believe you’re not meeting your obligations as a landlord. 

If necessary you will be able to ask for more information about the pet from your tenant. For example, you will be able to ask about the type or size of the pet.   

You will then have seven days to respond to your tenant once they have given you any additional information you ask for.   

You will need to respond to your tenant to confirm whether you provide or refuse your consent unless they do not give you the additional information that you ask for. 

The government accepts that if you’re a leaseholder, you may need to ask for permission from your freeholder. You will need to check the terms of your lease.  

This article is taken from Landlord Today