What reasons can a landlord refuse a pet?

There are many reasons landlords can refuse pets in rental properties, and as a landlord yourself, the main reason for this would probably be to prevent damage. There is, however, a growing demand for tenants to be able to own a pet in rental properties. 

So, there is also an urgent need for you to be able to understand the rights of your tenants, but also your rights as a landlord to ensure both parties are legally compliant and respectful. 

What does the legal framework say? 

As with most things, there are legal frameworks that you can refer to as a landlord if you’re unsure of allowing pets in your rental property, for example:  

• Equality Act 2010: states that landlords are required to make reasonable adjustments for tenants with disabilities, which includes allowing tenants to have service animals or emotional support animals. 
• Renters’ Rights Bill: states that landlords are now unable to enforce a blanket ban on tenants owning pets and that they need to give a valid reason to refuse pets. 

So, we recommend that you refer to these legal frameworks before giving your answer to tenants regarding owning pets in your rental property. There are, however, different reasons landlords can refuse pets. Let’s discuss these in more detail. 

The reasons landlords can refuse pets 

There are a number of reasons that are valid for pet refusal in a rental property that are considered reasonable. For example: 

Damage to property

The most common reasons landlords can refuse pets is on the grounds of preventing damage to the property. This is especially relevant for new or furnished properties. As a landlord, you will not always be able to keep on top of how your tenant looks after their pet in your property, so it may serve as more of a risk. 

Health and safety

Another reason you may be apprehensive about allowing your tenants a pet at your rental property is for health and safety reasons. 

This can include any allergies that other tenants may have, or phobias (especially if living in an HMO where there is more than one tenant in a shared space). Also, there is always the risk of injury taking place, especially with certain breeds or types of animals. 

Equally, if a tenant does not keep their space clean or tidy up after the animal, this could lead to a chaotic environment, contributing towards health and safety risks. 

Neighbourhood disruption

Neighbourhood disruptions are another concern that you may have as a landlord. This is especially true for barking dogs, or any other disturbances that pets may cause to your neighbours. 

Lease restrictions 

If your leasing agreement includes a clause or insurance policy that prohibits pets, you are also more than likely to refuse your tenants owning pets in your rental property. 

Risk to property value 

Another reason landlords can refuse pets in their rental property is that they may be worried that pets could affect the property’s long-term value or appeal to any future tenants. For example, if there is damage caused to the property that is still visible to new tenants. 

Handling pet requests respectfully and legally

There are ways that we recommend you handle requests for pets from your tenants that are legal and respectful. This is to ensure that both your rights and the rights of your tenants are taken into account. Here are some tips on how to manage pet requests: 

• Requesting a pet deposit: You are within your rights to request a pet deposit to ensure that any damages are covered. Of course, this needs to be reimbursed to your tenants if you don’t use it. 
• Additional references: If your tenant has had any previous leasing agreements, you can ask for references so that they can prove that they are responsible pet owners.
• Pet insurance: You can also request that your tenants prove that they’ve taken out pet insurance from a third party that will cover damages. 

Can a landlord refuse an emotional support dog? 

Emotional support animals are not the same as service animals. Service animals support people with physical disabilities, for example, a guide dog. On the other hand, emotional support animals are there to support people with emotional difficulties. 

It is for this reason that emotional support animals are not protected under the Equality Act 2010 in the same way as service animals are. But the Equality Act 2010 does provide protection against discrimination against people with disabilities, which includes emotional disabilities. 

Discrimination against people with emotional disabilities includes not making provisions for emotional support animals if a tenant requests one. Landlords are legally obliged to allow tenants to have emotional support animals if it is detrimental to their emotional well-being. 

Reasons landlords can refuse an emotional support animal

 However, there are times when landlords can refuse a tenant to have an emotional support animal, for example, the emotional support animal will: 

• Pose a health and safety risk to other tenants 
• Cause damage to property

As a landlord, you can also refuse your tenant to have an emotional support animal if you can prove that the animal will cause undue hardship, such as financial loss or the alteration of your business operations. 

Best practices for landlords

Having a tenancy agreement that is transparent and that highlights the importance of clear communication is essential. Here’s how to create a robust tenancy agreement. 

• Establish clear pet policies: Be sure to include a clear pet policy in your tenancy agreement, which outlines the conditions under which pets are allowed or refused. 
• Be consistent: Ensure that pet requests are handled consistently and fairly to avoid claims of discrimination.
• Respect tenants’ needs: Acknowledge that some tenants may require pets for emotional support or companionship and ensure such requests are dealt with on a case-by-case basis.

Be sure to have a robust tenancy agreement that includes a pet policy, and make sure that you take all risks into account that are involved with your tenants owning pets. 

Make sure that you take care of your property by investing in landlord insurance. At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs as a landlord. You can also visit our advice centre to find out more about allowing pets at your rental property. Contact us today on 01788 818 670 for a quote.