More than 50% of UK households have a pet, and approximately 19% of UK households privately rent, so it is common for landlords to come across potential tenants who require a rental property, but also have a pet.

Currently, there is a blanket ban on pets allowed in residential properties, meaning landlords can refuse a tenant applicant because they have a pet, if they so wish. However, an exception to this is that landlords are required to make reasonable adjustments to allow tenants with assistance dogs to live in their properties. Therefore, a term in a tenancy agreement prohibiting a dog will not prevent a tenant from keeping an assistance dog.

In accordance with the Tenant Fees Act 2019, landlords cannot charge an extra deposit for agreeing to having a pet living in their property if it would break the deposit cap requirement. Of course, they can do so if the total deposit is still less than the deposit cap. It is currently possible for landlords to increase the rent in accordance with the tenancy agreement if their tenants request a pet or to charge a higher rent initially, to cover any potential damage to the Property by the pet.

However, this could all be about to change with the introduction of the Renters Rights Bill (“the Bill”). The Bill is a proposed bill which aims to reform the private rental sector in England and Wales, by giving greater rights and protections to people renting their homes.

The Bill has proposed giving tenants the right to request a pet, which all landlords must consider and cannot reasonably refuse, and tenants will be able to challenge decisions made. Landlords will be able to request that tenants obtain or contribute towards insurance to cover potential damage from pets if necessary, meaning pet insurance will not be a prohibited payment under the Deregulation Act 2015.

What the Bill has not yet made clear is whether tenants shall be able to request one pet or multiple pets, or whether guidance will be published to establish what would constitute as unreasonableness if a landlord refused a pet request. The process that tenants shall have to follow to challenge a decision is also unknown, as is how much control landlords will have over their tenants obtaining pet insurance and the different variables this involves.

The government’s model assured shorthold tenancy agreement, which is not legally binding, suggests that a tenant should seek prior written consent from their landlord should they wish to keep a pet at the Property, and the landlord should accept such a request where they are satisfied that the tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept. It is possible that we could see similar requirements answering some of the uncertainties mentioned above, if and when the Bill is passed. The Government have confirmed that they will publish guidance for landlords and tenants before the new rules come into effect and we will endeavour to provide updates.

Should you require advice on your obligations as a residential landlord or the Renters Rights Bill, please contact our Residential Possession Team.

Please note the above does not constitute legal advice.