Can Landlords Refuse Pets? Pet Legislation UK

Demand for rental properties continues to rise – it seems that homes are snatched up within days of being listed. As this demand grows, an increasingly popular question is whether or not landlords can refuse to rent a property to a tenant with pets. This demand is also causing extra deposit disputes when tenancy agreements end. The question then, is can landlords refuse pets? In this article, we’ll be answering exactly that. Finding somewhere to rent with a dog in tow isn’t easy, so read on to find out exactly where you stand. 

Can a landlord refuse to rent their property to a tenant with pets?

So do landlords have to accept pets? The quick answer is (technically) yes – unless they can provide a really good reason not to. A good reason would be if the property is within a block of flats and the management company doesn’t allow pets. Whereas, a landlord’s dislike for dogs is no longer classed as a good enough reason to disallow renting with pets.

If a landlord doesn’t want to rent out their property to a tenant with pets, then they need to provide a written objection within 28 days of a written pet request from the tenant. Within this written objection, the landlord needs to provide a good reason as to why they don’t want pets living in their property. This has been the case since the government introduced the new Model Tenancy Agreement which aimed to make it easier for tenants with well-behaved pets to find rented accommodation.

In reality though, it isn’t quite as simple as that. Private landlords still have the final say on who they wish to rent their property out to. They can choose to ‘discriminate’ against people with pets if they choose. Although tenants can request to have pets in their property and landlords need to provide a reasonable objection, there isn’t currently any kind of legal obligation for landlords to grant these requests. 

Deposits and increased rent

Whereas landlords can’t ask for a larger deposit because they’re renting out a property to a tenant with a large dog, they can charge more in rent when the tenant has a pet. Landlords will reason that this is necessary as there can be extra costs on their part when pets aren’t well-behaved and cause damage to the property. This is especially true if the cost of repairs isn’t fully covered by the deposit. 

Some tenants argue that this increased cost is unfair as it penalises responsible pet owners and their well-behaved pets. Many of these owners say they’d rather pay a larger deposit, feeling fairly confident that it’ll be returned to them at the end of the tenancy. This is no longer an option in England though, as deposits are now capped at 5 weeks’ rent. 

What counts as a ‘well-behaved’ pet and ‘responsible’ owner?

Chris Salmon of property law specialists Quittance Legal Services, says: “These are by no means completely defined terms, but some of the factors that will be considered in a dispute are: Has the pet been microchipped? Does the owner have a history of any offences related to their pet, such as fouling? Does the pet have insurance? Is there a contingency plan for the pet if the owner is unable to access the property for an extended period of time (such as a holiday)?”

When it comes to pets, landlords will look at whether they seem aggressive or destructive in nature. A history of antisocial behaviour (like constant barking) will be a big red flag for a landlord or agent.

Ultimately though, this all comes down to the landlord and whether or not they decide an owner is responsible and their pet will be well-behaved. Often, meeting your would-be landlord in advance with your pet in tow can make finding and being accepted into a pet-friendly rental more likely. Providing your landlord with a pet CV can also go a long way to getting approved.

How many landlords are currently accepting pets?

According to research by Rightmove, demand for pet-friendly rentals is currently skyrocketing, having increased by 120% since summer 2020. In comparison, demand for rental properties as a whole has increased by just over 10%. Interestingly, this extra interest in pet-friendly rentals has also led prospective tenants to look for properties with outdoor spaces. Searches for properties with gardens have gone up by around 40%. 

Despite this, those looking for pet-friendly accommodation might still struggle, with GOV.UK highlighting that only 7% of landlords advertised their property as suitable for pets in 2020 (though this number may well shoot up in the future).

Before the Tenant Fee Ban, many landlords allowed pets and increased tenancy deposits to counteract any potential damage. Deposits in England (this doesn’t apply to Scotland and Wales) are now limited to 5 weeks’ rent so this isn’t an option anymore.

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