The Renters’ Rights Bill is Labour’s push to reform the private rental sector and the proposals are expected to pass into law this year. In fact, if progress keeps up its current pace, we could see new legislation introduced as early as April 2025.
The Government strongly supports the right for tenants to keep pets in a rented property - rights it is seeking to strengthen this year. Behind the ambition is the sad fact that housing issues are the second most common reason people choose to surrender animals to Battersea Dogs and Cats Home.
The Bill’s pet measures are almost a carbon copy of those featured in the predecessor’s Renters’ Reform Bill, but there are subtle differences that tenants and landlords should be aware of.
The current Bill outlines that when a tenant requests to keep a domestic animal in a property they are renting, landlords must reply with a decision within 28 days. This is down from the 42 days the Conservatives proposed.
What remains unchanged is the expectation of the landlord. Once made legal, a landlord will not be able to unreasonably refuse a tenant’s request to keep a pet at the property.
If refused, a tenant will have a new right to challenge the decision. It is thought a newly created private renter sector ombudsman will oversee pet disputes – a body that will be introduced to try and keep disagreements out of the court system.
There is discussion around the reasons why a landlord may be able to legitimately refuse a tenant the right to keep a pet, with many buy-to-let owners worried that permission may become mandatory. This isn’t the case.
If a superior freeholder, such as the owner of a block of flats, has a ‘no pets’ clause, the leasehold landlord will still be within their rights to refuse the request to keep a pet. There is, however, less transparency around other reasons for refusal. Landlords are waiting to hear if dangerous dogs, living conditions, access to outside space, perceived damage or nuisance will be legitimate reasons. We’re hoping for more detail as the Bill progresses.
There has always been a degree of reticence among landlords regarding pets in buy-to-let properties as the most common domestic animals – dogs and cats – are behind some of the most disruptive and costly damage.
Quite often, a property can’t be relet quickly after a pet has been living there. As well as hair in every nook and cranny, there can be carpet stains that need removing, odours that only a very deep clean can eliminate, scratched woodwork and even fleas that need eradicating by a pest control company.
The cost of rectifying pet damage can exceed the deposit, with some landlords left out of pocket and with an extended void period while the property is brought back to a habitable condition.
Although accepting a pet in a rental requires consideration and contingencies, many landlords open to the idea have been put off by the cost of repairs. The ability to charge a tenant extra if they wanted to move a pet in was ended when the Tenant Fees Act 2019 came into effect.
The Renters’ Rights Bill does acknowledge that landlords will need a form of recompense if they are to change their attitude towards pets. As such, the Bill will allow landlords to require tenants to purchase pet insurance if they want to move a domestic animal in, or they can charge tenants an extra, upfront fee to cover pet insurance, thanks to an amendment to the Tenant Fees Act.
We are closely monitoring the Renters’ Rights Bill as it enters its final stages. If you are a landlord who would like to prepare now for the reforms, please contact us.
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