Requests to keep a pet
For more information, please contact:
Rebecca Brady Partner 020 7065 1838 Email Rebecca
Part 1 of Chapter 1 sets out a new provision to amend the Housing Act 1988 to strengthen a tenant’s right to keep a pet in their home. This provision does not apply to social housing tenancies, it only concerns the private rented sector.
It is proposed that there will be a new legal obligation for landlords to consider every request to keep a pet, but there will still be a route for landlords to refuse requests to keep a pet when they can give a reasonable justification to do so.
Accordingly, clause 7 of the Bill adds three new sections, 16A, 16B and 16C, to the Housing Act 1988.
Section 16A deals with requesting consent to keep a pet and makes it an implied term of every assured tenancy (except those listed in subsection (6)) that a tenant may keep a pet with the landlord’s consent unless the landlord reasonably refuses. It is for example reasonable for a landlord to refuse where accepting a pet would breach an agreement with a superior landlord.
Section 16A also states a landlord has 42 days to respond save for where further information or consent is required. Subsection 16B(3) provides that the tenant’s request must be made in writing and include a description of the pet sought.
The definition of a pet is an animal kept by a person mainly for: (a) personal interest; (b) companionship; (c) ornamental purposes, or (d) any combination of paragraphs (a) to (c).
Subsection 16B(5) permits the court to order specific performance of the obligation not to unreasonably refuse a pet if the landlord breaches the implied term.
Section 16C deals with indemnity and insurance for pets and provides that a landlord is allowed to require that insurance to cover damage by a pet is purchased. Either the tenant can purchase it, or the landlord can. Where the landlord has taken out the insurance, it provides that the landlord can recoup the reasonable costs of maintaining this insurance, including the premium for a policy that covers only pet damage and any excess fees, from the tenant.
Clause 8 amends section 1(4) of the Tenant Fees Act 2019 to allow landlords to require a tenant keeping a pet to enter into a contract with an insurance company to cover any damage. Currently, under section 1(3) of the Tenant Fees Act 2019, landlords cannot require tenants to enter into contracts with third parties in respect of their home unless an exemption in section 1(4) applies. The Bill amends section 1(4) to make insurance contracts obtained by the tenant at the landlord’s request a further exemption.
Landlords will be required to fully consider all requests on a case-by-case basis. If there is a disagreement, a tenant will be able to escalate a complaint to the Private Rented Sector Ombudsman or through the courts.
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