- Yes, leasehold restrictions override tenant rights in UK property law
- Under the Renters’ Rights Act, landlords can’t refuse requests for pets unless there is a valid reason
- However, if the freeholder or building doesn’t permit pets in the head lease, the landlord cannot allow tenants to bring pets into the rental property
Yes, in the UK, leasehold restrictions override tenant pet rights. If the freeholder or leasehold permit explicitly prohibits pets, landlords cannot allow tenants to have pets in the rental property, as they would be in breach of their own lease contract.
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Do Tenants Have The Right To Have Pets In A Rental Property?
Under the Renters’ Rights Bill, tenants have the right to request to bring their pet to the rental property. However, that does not mean that the pet will automatically be permitted to live there.
In some cases, the landlords’ hands are tied. If the landlord is a leaseholder, they may own a property in a building with a “no pets” clause or have to answer to the freeholder. Landlords do not have the flexibility to permit pets if the head lease strictly forbids them.
If tenants have a service animal for auxiliary aid, the pet cannot be legally refused, regardless of the head lease, as it is for their personal health and safety.
Can Landlords Refuse Tenants With Pets?
There are certain instances where landlords can refuse tenants with pets, including:
- The building, block management company or freeholder prohibits pets
- There are tenants with allergies
- The property isn’t sufficiently big enough to hold pets
- The pet is illegal in the UK.
However, landlords must provide tenants a valid reason for their refusal, in writing, within 28 days of receiving the request and tenants can challenge the refusal if they think it’s unreasonable.
If the reason given is that the building or freeholder prohibits pets, the tenant will not be able to override this.
It’s also worth noting that landlords can no longer put a blanket “no pets” policy during the tenant screening process.
Can Tenants Have Pets Without The Landlord’s Permission?
No, tenants cannot have pets in a rental property without the landlord’s permission as it would be a breach of their tenancy agreement.
If tenants are found to have a pet in the rental property without permission, the landlord could ask for the animal to be removed, withhold money from the tenancy agreement to cover any pet-related damage costs or, in some cases, even start eviction proceedings.
Thanks to the addition of the Renters’ Rights Act, tenants now have more rights when it comes to pets, so it’s in their best interests to follow the correct protocol and request to have their pet in the home. They will only be refused if the landlord has a valid reason.
Do Leasehold Restrictions Override Tenant Rights?
While tenants have the legal right to request a pet and there can be no blanket “no pets” clauses from landlords, final permission has to come from the building permit or the freeholder. Landlords are only allowed to permit pets in the home if they are permissible under the building’s head lease permit or if permission has been received from the freeholder.
If the building itself has a “no pets” clause, this overrides both the tenants’ request and what the landlord decides. Before advertising the property as “pet-friendly”, landlords should check the head lease.
The only exception would be for service animals, which cannot be legally refused under any circumstance.
What Should Landlords Do If Tenants Request A Pet?
Get Full Information About The Pet
Landlords must have full information about the pet in question in order to make an informed decision. This includes what type of animal it is, its size and how it will be kept in the property (e.g. if it lives in a cage or enclosure). If the landlord feels they don’t have enough information, they are entitled to request more from the tenant.
Check The Lease Agreement For The Building
Before confirming that a tenant can have a pet in the rental property, landlords should first check their own leasehold agreement for any “no pet” clauses. The building itself may have a “no pet” clause that would override any agreements made between tenant and landlords. If the head lease of the property states that no pets are allowed, the landlord must follow this.
Request Permission From The Freeholder
Landlords usually will need to request permission from the freeholder to allow pets for tenants. If the freeholder refuses, this overrides any tenant rights and will be considered reasonable grounds for denying the pet request.
Get Back To The Tenants Within 28 Days
Regardless of whether it’s a yes or a no, landlords must respond to the tenant pet request within 28 days, in writing. If they are rejecting the request, they must provide a clear explanation so that the tenant understands why. Tenants can still challenge the refusal if they feel that it is unfair; however, if the refusal comes from the building lease or the freeholder, the tenant won’t be able to have a pet in the property, full stop.
Decide Whether It’s Reasonable To Have A Pet In The Property
If the pet is permissible under the head lease or by the freeholder, the landlord can then decide if there are any other reasons they might want to reasonably refuse a pet, such as due to property size or tenant allergies.
Property Protection
For landlords who decide to permit pets in the home, they should take extra care to protect their property. While you cannot raise the rent to include a “pet fee”, it is advisable to include a pet damage protocol in the tenancy agreement, make sure pet damage is covered in their landlord insurance and recommend that tenants have pet damage insurance in place.
Manage Tenant Demands With J Property Management
Balancing tenant satisfaction and legal compliance can be a challenge for landlords. At J Property Management, we help keep tenants happy while ensuring that you’re not in breach of any legal obligations.
From 24/7 tenant attention across a full property portfolio to legal support for tenancy agreements and lease contracts, we’re on hand to help you with whatever you need.
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