Q. Is it true that after 1 May, I will have to allow tenants to keep a pet in my property?

A. That’s not exactly true. Tenants will have to apply to you for permission. However, you can only refuse permission for a ‘reasonable reason’.

The legislation and government guidance so far have only suggested four situations where refusing permission would be reasonable:
◆ If the landlord’s lease (for example, if he is renting out a leasehold flat) prohibits pets – as otherwise this would put the landlord in breach of his lease and technically at risk of forfeiture.
◆ If the property is too small for a large pet or several pets (although no examples are given in the guidance of actual sizes)
◆ If another tenant has an allergy, or
◆ If the pet is an animal which is illegal to own. For example, under the Dangerous Dogs Act 1991.

Apart from that, it is up to landlords to decide what is reasonable. However, be aware that if landlords get it wrong, tenants can apply to the Court for an order for ‘specific performance’ ordering the landlord to allow them to keep the pet. After the Landlord’s Redress/Ombudsman scheme goes live (expected sometime in 2028), they will also be able to complain to the Ombudsman.

Over time, no doubt there will develop a body of case law which landlords will be able to refer to. However, in the meantime, just consider whether, in common sense terms, permission is something that is reasonable or not. You should keep records of your reasoning if you refuse permission, just in case your decision is challenged.

Q. My last tenant’s dog did massive damage to my property, which cost me over £5,000 to put right after they vacated. So, I am not willing to agree to pets under any circumstances.