Landlords offering a blanket refusal when it comes to tenants keeping pets in smaller properties can no longer assume to be on safe ground after a charity stepped in to help a tenant win a dispute.
AdvoCATS, a charity that runs a free pets-in-lets advice line, says it has recorded its first successful intervention since the Renters' Rights Act became law on May 1.
The dispute occurred after a landlord told a tenant that her one-bedroom flat was too small for a cat.
The tenant, named only as Ms A to protect her privacy, had asked to bring her cat Marshy into the property.
Pet rules not permitted
The tenant suspected the refusal might not hold up under the new rules, so she contacted AdvoCATS.
The charity told her such sweeping generalisations were no longer permitted now that the law was in force.
It then explained what her request to the landlord should contain and how to proceed.
A response duly arrived from the landlord's letting agency and permission was granted for Marshy to move in.
Illegal conditions attached
However, conditions were attached that Ms A would need to take out pet damage insurance and agree to a professional end-of-tenancy clean carried out by a contractor of the landlord's choosing.
Confused by the terms, the tenant returned to AdvoCATS which offered to draft a more robust response.
This set out why the conditions being laid down breached both the Renters' Rights Act and the Tenant Fees Act 2019, backed up with supporting facts and links.
Pet damage insurance
The charity highlights that while mandatory pet damage insurance had featured in earlier drafts of the legislation, it had been removed before Royal Assent.
That means landlords and agents cannot insist that tenants buy such insurance, nor demand reimbursement for it, as a condition of pet ownership.
Tenants remain free to take out cover voluntarily, an option Ms A had already raised herself, but it cannot be forced upon them.
Also, the naming of a landlord-approved cleaning contractor breaches the Tenant Fees Act.
Happy with pet
Marshy is now settled in the flat and Ms A said: "Having my cat with me means far more than simply being allowed a pet, he is family.
"He has been a constant source of comfort and companionship through some very difficult periods of my life.
"When I was faced with the uncertainty of whether I would be allowed to keep him in my rental property, the process felt overwhelming and incredibly stressful."
Jen Berezai, the founder of East Midlands-based charity, said: "This was a classic example of neither party quite knowing where they stand with the new legislation, which was quickly and simply resolved with some text drafted by AdvoCATS - the type of case that early indications lead us to believe is going to represent a significant percentage of our casework going forward."
Student landlords and pets
Simon Thompson, the managing director of Accommodation for Students, said: "Landlords, including student landlords, can no longer refuse pets in small, rented homes using sweeping, generic excuses.
"Under the Renters' Rights Act, each request now requires genuine, individual assessment.
"Mandatory damage insurance would undoubtedly have helped some landlords but was dropped from that legislation before Royal Assent, making forced premiums unlawful."
He added: "Also, naming a preferred cleaning contractor breaches another law and I think we will be seeing more charities and tenants asking to keep a pet and landlords will need to recognise these limits because non-compliance will invite a prompt challenge."
