Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 29
29
Rejected
Paragraph: 149
The proposal to make it easier for landlords to allow pets by making pet insurance...
Recommendation
The proposal to make it easier for landlords to allow pets by making pet insurance a permitted payment under the Tenant Fees Act 2019 is a sensible and proportionate measure that could make a meaningful difference. On the other hand, the proposal to make it illegal for landlords to unreasonably withhold consent from those who request permission to have a pet seems impractical, even if a satisfactory definition of “unreasonably withholding consent” could be produced. We recommend that the Government abandon their promise to legislate to make it illegal to unreasonably withhold consent when a tenant requests permission to have a pet. If it cannot accept this recommendation, it should set out in response to this report what would constitute “unreasonably withholding consent” and explain in what circumstances it would be acceptable to force landlords to accept pets, especially where those landlords have had previous negative experiences of tenants with pets.
Government Response Summary
The government disagrees with abandoning the proposal to strengthen tenants' rights to request to keep a pet, stating landlords can refuse animals if it is reasonable, taking into account factors like the size of the pet and property.
Paragraph Reference:
149
Government Response
Rejected
HM Government
Rejected
We welcome the Committee’s support for our proposal to amend the Tenant Fees Act (TFA) 2019. Allowing landlords to charge tenants for insurance against pet damage, or to require tenants to take out a policy, will ensure landlords can have confidence that all costs will fall to the tenant. However, we do not agree with the recommendation to abandon our proposal to strengthen tenants’ rights to request to keep a pet, which can bring huge joy to their owners. A report by SpareRoom Pet Think Tank (2018) suggests that around 80% of pet-owning renters have had difficulty finding a property. While landlords will need to consider requests for pets on a case-by-case basis, they can refuse animals if it is reasonable. While it is not possible to list all circumstances in legislation, given the variety of animals and properties, we anticipate that landlords will take into account a number of factors when making their decision. This might include the size of the pet and the property; whether the property or common areas are shared with other tenants; allergies or phobias and, if relevant, access to outdoor space. A landlord could likely refuse if, for example, the animal was clearly too large for a small property, or if another tenant in a shared house had an allergy or phobia. The Renters (Reform) Bill states that a landlord may also refuse if a superior lease prevents the keeping of pets in a property. While a tenant may challenge a decision, they have no automatic right to keep the pet if the landlord initially refuses. The tenant would not be permitted to keep the pet unless and until the Ombudsman or court ruled that the landlord had been unreasonable.