Residential tenants keeping pets: equality impact assessment

Background

Currently under the 2016 Act^[4], which applies to all private residential tenancies, pets are allowed only by explicit written agreement. It is up to the landlord whether they agree to a tenant having a pet. General practice within the social sector, however, is to give permission for pets, with landlords acknowledging that pets are beneficial to a tenant and their family’s health and wellbeing.

Private sector

Where a landlord agrees for their tenant to have a pet, the Model Private Residential Tenancy Agreement (“PRT”), which anecdotal evidence suggest most landlords use, outlines the expectations that pet owners must meet. The ‘Respect for Others’ clause sets out that tenants should control their pets properly and should not allow them to foul or cause damage to other people’s property.

The ‘Pets’ clause, sets out that the tenant must not keep any animals or pets in the let property without the prior written consent of the landlord. It also requires the tenant to keep any pet under supervision and control to ensure that it does not cause deterioration in the condition of the let property or common areas, nuisance either to neighbours or in the locality of the let property.

The Easy Read Notes that must accompany every PRT make clear that if the tenancy agreement bans pets, a tenant can ask the landlord to change it, for example, to allow an assistance dog if the tenant needs one. This is known as making a ‘reasonable adjustment’. The Notes also make clear that if the landlord refuses to make a reasonable adjustment, it may be discrimination on the grounds of a protected characteristic (as prescribed by the Equality Act 2010) which could be unlawful.

Social sector

In the social rented sector, the Model Scottish Secure and Short Scottish Secure Tenancy agreements are published by the Scottish Government to assist social landlords to develop their own tenancy agreements setting out the rights and responsibilities of both tenants and landlords. These Model Tenancy Agreements include both mandatory clauses set out in statute and common law and discretionary clauses. “Keeping of Pets” is already a discretionary clause within these Model Tenancy Agreements.

In the social rented sector, each landlord sets its own criteria for any restrictions on the number and type of pets allowed within an individual tenancy, whether permission in advance needs to be obtained from the landlord, and any criteria applied. Given that this is a discretionary clause it is possible that not all landlords use it however it is general practice within the sector to allow tenants to keep pets.