The Renters (Reform) Bill is the largest ‘shake up’ to residential landlord and tenant law in over 30 years, and one that is likely to see further change as the Bill makes its way through Parliament.
One of the most notable proposals in the Bill is for all tenancies to allow a tenant to keep a pet at the property, with the landlord only being able to refuse on reasonable grounds.
In the Bill, a pet is defined as ‘an animal kept by a person mainly for (a) personal interest, (b) companionship, (c) ornamental purpose, (d) a combination of (a) to (c).
It would therefore appear that it may be up to interpretation as to what a ‘pet’ can constitute, and the drafting (perhaps incorrectly) has allowed room for creative imagination!
Two specific grounds that would constitute ‘reasonable refusal’ would be where a landlord has a superior tenancy and:
- to allow a pet would be in breach of that tenancy, or;
- the superior landlord’s consent is required and that consent is refused.
Other reasonable grounds may include considering the type of pet in relation to the property and therefore, the risk of pet damage, the locality and possibly, the type of building.
It has also been proposed that in providing the consent, a condition can be imposed by the landlord to ensure that there is appropriate insurance in place at the expense of the tenant. The Tenant Fees Act 2019 will also need to be amended to ensure that any payment relating to insurance for pet damage will be a recoverable cost and the Bill currently proposes this.
Under the proposal, a landlord must respond to any written request to keep a pet within 42 days and is entitled to ask for any further information regarding the pet before providing or refusing consent.
Unfortunately, landlords who currently allow pets at their properties will no longer have this unique selling point (USP) under the government’s proposals.
The exact reason for this proposal is unknown but it is probably safe to assume that this is a lingering effect of Covid-19 where it became more common for tenants to obtain pets for companionship, to counter loneliness and promote good mental health. The shift towards working from home also has had an impact, meaning that those who were considering having pets but were worried about taking care of them may now have that option available.
We at Nockolds are keeping up to date with the Renters (Reform) Bill and, if you have any questions, please do not hesitate to contact our Saagar Mehta or another member of our Property Litigation Team in relation to this on 0345 646 0406 or complete our online enquiry form.