New deal for tenants - rented sector reform proposals: consultation

Greater flexibility to keep a Pet

The issue

As we set out in our New Deal for tenants, the Scottish Government recognises the health and wellbeing benefits that come with keeping pets, with pets being an important part of the family for many. Tenants in the social sector can already keep a pet with the written permission of their landlord, as can some private tenants, however, the Scottish Government wishes to provide a statutory provision to enable all tenants where possible to be able to benefit from the experience of pet ownership.

We want to give tenants in both the private and social rented sectors greater rights to have a pet. This would:

• improve the renting experience for private and social housing tenants by giving them more control over having a pet supporting physical and mental health and wellbeing;
• more closely align the rights of private and social housing tenants creating greater equality of outcome between tenures; and
• seek to appropriately balance the strengthened rights for tenants with appropriate protections for landlords.

Overview of proposed change

41. We are looking at changes that would introduce the right to request to keep a pet and to not be unreasonably refused for tenants with:

• a private residential tenancy under the 2016 Act (those whose tenancy began on or after 1 December 2017); and
• for social rented sector tenants with a Scottish Secure Tenancy or a Short Scottish Secure Tenancy under the Housing (Scotland) Act 2001.

42. We would be clear about what types of animals would be considered pets.

43. Private and social tenants would need to make a written request to their landlord to keep a pet. Landlords would only be able to refuse a request where it was reasonable to do so and would be required to give reasons for any refusal of permission. Landlords would also be able set out conditions for any approval but only where the conditions are reasonable.

44. Should this measure be implemented, we would also set out in guidance and in regulations examples of the reasonable reasons for refusal and reasonable conditions for approval to give practical support to tenants and landlords. For example:

Reasonable reasons for refusal could include the following:

iv. The property is unsuitable for the type and number of pets requested.

v. The animal is listed in the Schedule to The Dangerous Wild Animals Act 1976.

vi. The animal(s) are being kept for commercial purposes.

Reasonable conditions for approval could include the following:

vii. The payment of an additional amount of deposit within certain limits where it is reasonable to do so (this would apply to the private sector only as social sector tenants do not pay a deposit for their tenancy).

viii. The tenant must take all reasonable steps to supervise and keep pets under control and ensure they do not cause a nuisance to neighbours.

Making use of right to request a pet and to not be unreasonably refused in the private rented sector

45. Private tenants would need to set out in their written request a range of information to enable the landlord to consider the request. For example, the type and number of pets being requested, whether the animal, such as a rabbit, would be in an enclosure or move around the property freely. We are considering setting out the information required in law. Where it is a joint tenancy, all joint tenants would need to agree to any request to keep a pet.

46. Private landlords would need to respond to the written request within a specific timescale, for example 30 working days of receiving the request. We think the response should include:

i. Any specific conditions for approval, for example an increase in deposit and the reason for this condition, or

ii. Where they refuse the request, the reasons for the refusal.

47. If a private landlord does not respond to the tenant within the set timescale, this would be treated as having refused consent.

48. Damage caused to the let property by a pet would be dealt with in the same way as it is now. Private landlords would be able to make a claim on any tenancy deposit taken. Any disputes around return of the deposit would be managed by the relevant approved tenancy deposit scheme under current free adjudication processes.

49. We are looking at whether, if the tenant receives a response from the landlord which contains a refusal or a condition for approval that they think is unreasonable, if there should be a route of appeal on the decision.

50. The questionnaire seeks views on a right to request a pet and not be unreasonably refused and how long a private landlord should have to respond to a request.

Making use of right to request a pet and to not be unreasonably refused in the social rented sector

51. Many social housing landlords will already have a pets policy in place which will set out the type of pets that can be kept, any restrictions on keeping a pet and the process for applying for permission.

52. As currently, tenants would need to apply to their landlord in writing and obtain permission from their landlord before keeping a pet.

53. In line with current practice for other sorts of permissions within the social sector landlords would need to respond to the written request within a specified timescale, for example 1 month. The response would include any conditions for approval and where the request is being refused, the reasons for refusal.

54. If the social landlord does not respond to the tenant within the set timescale, this would be treated as having being approved (again in line with current practice for other types of permissions in the sector).

55. Any damage caused to the property by a pet would be dealt with in the same way as it is now.

56. If the tenant receives a response from the landlord which contains a refusal or a condition for approval that they think is unreasonable, the tenant would be able to appeal the decision through the landlords formal complaints process.