Tenants’ rights to keep pets

Huge changes are on the horizon for the private rental sector recently, as most recently outlined in the white paper “A Fairer Private Rented Sector” which covers the proposals for the Renters Reform Bill.  One big change proposed is making it easier for tenants to keep pets in a property.  This is welcome news for many tenants but a clear concern for some landlords.

Why the concern from Landlords?

Many landlords think of pets as a risk; a risk of causing damage to their property, disturbing neighbours, or bringing infestations of fleas into a home! This is understandable as a property is an investment, and not a small one at that, so it is only fair that a landlord wants to ensure their property is well looked after when let to tenants.

It used to be the case that landlords would increase the security deposit on the property, to provide some extra protection where there would be a pet living in the home.  However, the Tenant Fee Ban Act 2019 removed this option for landlords by limiting security deposits to 5 weeks’ rent, which subsequently meant there was a huge drop in properties on the rental market that allowed pets. For example, in 2020 only 7% of Properties were advertised as being suitable for pets.

However, it will no longer be so easy for a landlord to place a blanket ban on pets in their property as tenants will now have the right to request a pet in their home that cannot be unreasonably refused by their landlord.

How can landlords deal with the risk?

This development in the law is likely to be very daunting for landlords across England as they will have less control over whether any furry friends will be living in their property.  A primary concern being, if a pet causes damage to a home and that costs more to repair than the value of the security deposit, this means the only remedy available to a landlord is to issue a claim against the former tenant for this cost, which can be time-consuming and costly – plus there is no guarantee the losses can be recovered.

However, landlords have not been left without any solution. It is expected that the Tenant Fee Ban Act 2019 will be updated so that pet insurance becomes a permitted payment. This means that landlords will be able to require tenant pet owners to take out pet insurance so that any damage to their property is covered. Insurance therefore seems to be the answer. The other option of course is to increase rent…

Although the amendment to the Tenant Fee Ban should put landlords’ minds at ease about allowing pets, this development in the law should also come as a prompt to ensure your paperwork is in check before renting a property to a pet owner.  It is imperative to have a comprehensive inventory report done on the property, providing both photographs and descriptions so that the condition of the property is clear at the start of the tenancy.  It is also advisable to use the same company to come back and do the check-out report once the tenant vacates. This way, if there is any damage caused and this matter becomes disputed, you have a clear comparison of the condition of the property when it was let out, and when vacant possession was given.

If you have encountered damage to your property and you would like some advice about potentially pursuing your former tenant, please do not hesitate to get in touch with Woodstock. Their friendly team are experts in debt recovery and will be happy to chat through any questions you may have. Watch The Lettings Hub Pets in Lets Webinar here to hear more about our future plans!