A lack of clarity about pet ownership in the Renters Reform Bill could lead to a wave disputes with tenants, lawyers warn.
The ‘Pets in Lets’ provision is one of the final unresolved issues in the legislation and would give tenants the right to request a pet, with landlords required to consider such requests and only refuse on reasonable grounds.
But the Irwin Mitchell law firm insists the practicalities remain far from settled.
At present, most tenancy agreements include a ‘no pets’ clause, and even when there are no such clauses, landlords can refuse requests without giving a reason.
The initial version of the Bill permitted landlords to require pet insurance as a prerequisite for granting consent, with the intention of addressing landlord concerns regarding potential property damage caused by pets. However, this provision was removed and replaced by the House of Lords’ suggestion that an additional deposit could be requested to cover such damage.
This suggestion in turn was dismissed when the Bill returned to the Commons, stating the current deposit requirements relating to tenancies was sufficient. As a result, both tenants and landlords are left with little clarity on how pet-related damages will be managed in practice.
Lawyers at Irwin Mitchell argue that landlords may find there are more issues than damage caused by pets and there is no detail on the ‘reasonable grounds’ for refusing consent.
For example, is it reasonable to refuse the tenant’s request if the pet is likely to cause disturbance to neighbours?
Furthermore, detail is lacking about withdrawing consent, the form of consent (written or verbal) or whether the consent is specific to the pet or just the type of pet or the number of pets.
This lack of clarity may lead to an increase in disputes between tenants and landlords, create confusion for letting agents navigating the transition, and prompt some landlords to tighten their criteria or avoid pet-owning tenants altogether — potentially undermining the Bill’s aim to make renting more inclusive and flexible.
Hayley Bruce, from Irwin Mitchell’s Residential Property team, says: “It’s important that government get this part of the Bill right and strong guidance is provided to give clarity on how pets can be accommodated fairly and responsibly in rented homes. Without that, this part of the Bill risks creating more confusion than confidence.”
The Renters Reform Bill is currently in the ‘ping pong’ phase between the House of Commons and House of Lords, with Royal Assent expected later this autumn.
This article is taken from Landlord Today