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Navigating Pet Policies in Residential Leases

Nov 12, 2024

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Dog representing pet ownership policies in residential leases

The COVID-19 pandemic has had a profound effect on many aspects of daily life, and one of the most notable trends has been the significant rise in pet ownership. As more people transitioned to working from home, many found themselves with additional time and space to care for a furry companion. However, for leaseholders and tenants in rented properties, the simple joy of owning a pet often comes with legal complexities, especially when it comes to the terms of their lease agreement and the policies set by their landlord.


Lease covenants

Most residential leases will have a tenant covenant that affects if pets can be kept in the flat and we are increasingly seeing cases involving the breach of lease covenants where leaseholders have bought a property only to find out post completion that their pet cannot reside there.


While pet ownership is generally uncomplicated for homeowners who own the freehold of their property, the situation can be much more difficult for those who live in leasehold properties. In the case of leasehold living, landlords and property managers have long held reservations about allowing pets in their buildings. These concerns often centre around the potential for noise disturbances, damage to the property, or the impact pets may have on shared areas like communal gardens or hallways. 


In fact, statistics show that only about 7% of private landlords currently advertise properties as pet-friendly. As such, tenants hoping to bring a pet into their leased property often face significant hurdles. This tension between pet-owning tenants and landlords comes down to the terms of the lease agreement, which outlines the specific rights and obligations of both parties. In particular, many residential leases—especially those for flats in older buildings like traditional mansion blocks—include clauses that either prohibit pets outright or require explicit consent from the landlord before a pet can be kept.


The Legal Landscape: Can a Landlord or Residents Management Company Withhold Consent for Pets?


The key issue for leaseholders wanting to keep a pet is whether landlord consent is required. Historically, the standard approach to leases in many residential buildings was a blanket prohibition on pets. In more recent years, however, many landlords have adopted a more flexible stance, offering to allow pets under certain conditions, such as requiring prior written consent or consulting with other tenants in the building. But the question remains: can a landlord legally refuse a tenant's request to keep a pet?


The case of Victory Place serves as an important example in understanding how Courts have approached this issue. In this case, a management company overseeing a gated residential development, comprising 146 flats, enforced a lease clause that prohibited tenants from keeping pets without written consent. Mr. and Mrs. Kuehn, the tenants in question, requested permission to keep a dog, citing the dog’s therapeutic value. However, the management company refused, arguing that the dog would be in breach of the lease. When the Kuehns insisted on their right to keep the pet, the management company sought a Court injunction to have the dog removed.


The Court ruled that the management company was required to apply a "reasonableness test" when deciding whether to grant or withhold consent for the pet. This ruling highlighted several important points, including the following:


  1. Special Circumstances Matter: The Court noted that reasonable consideration should be given to any special circumstances, such as the presence of medical or therapeutic support animals like guide dogs. In this case, while the Kuehns did not provide medical evidence of the dog’s therapeutic value, this factor still played a role in the Court’s reasoning.


  2. Fair Process: The landlord or property manager must adopt a fair and transparent process when making decisions about pets. This could involve consulting with other tenants in the building, considering their opinions, and ensuring that the decision is made in a non-discriminatory manner.


  3. Consistency in Policy: The court also emphasized that landlords and management companies should be consistent in their pet policies. If other tenants in the building had been allowed to keep pets, this could influence the decision about whether or not the request should be approved.


Ultimately, the Court found that the management company had applied the reasonableness test appropriately, taking into account the factors above. In this case, the management company was within its rights to refuse permission for the Kuehns’ dog based on the terms of their lease agreement.


How “Jasmine’s Law” May Change the Future for Pet Owners


While the Victory Place case confirms that landlords can legally withhold consent for pets, there is reason to believe that the landscape for pet-owning tenants may change in the near future. A key development in this area is the introduction of “Jasmine’s Law,” a piece of legislation currently making its way through Parliament. Named after a dog who was forced to be rehomed due to a strict no-pet policy, the law seeks to make it easier for tenants to keep pets in rented properties.


If passed, Jasmine’s Law could require landlords to offer more flexibility when it comes to pets, particularly in cases where tenants have demonstrated responsible pet ownership or where the pet plays a vital role in the tenant's well-being, such as with therapy animals. The law would also push for greater transparency in the application process, ensuring that landlords cannot arbitrarily refuse pet requests without justifiable cause.


This potential shift in the law reflects growing societal awareness of animal welfare issues and the importance of pets in providing companionship, emotional support, and even physical health benefits to their owners. As the government continues to focus on improving the rights of pet owners, leaseholders may soon find it easier to negotiate pet-friendly terms in their lease agreements.


What Should Tenants Do if They Want to Keep a Pet?


For leaseholders interested in bringing a pet into their rented property, it’s important to understand the terms of their lease and how they may be impacted by any restrictions. Here are a few steps tenants can take if they want to keep a pet:


  1. Review Your Lease Agreement: Carefully read your lease to understand any clauses related to pets. Some leases may have a blanket prohibition, while others may allow pets with the landlord's consent.


  2. Request Permission in Writing: If your lease requires landlord approval, be sure to formally request permission in writing. Provide as much information as possible about the pet, including its breed, size, and temperament.


  3. Consider Special Circumstances: If the pet is a support animal or provides therapeutic benefits, be sure to mention this in your request. You may want to provide medical documentation if applicable.


  4. Negotiate with Your Landlord: In some cases, landlords may be open to negotiating terms for pet ownership, such as requiring a higher security deposit or implementing additional cleaning requirements after the tenancy ends.


  5. Stay Informed About Legislation: Keep an eye on legal developments like Jasmine’s Law, as these may impact your rights as a pet-owning tenant.


Conclusion

Pet ownership is increasingly seen as an integral part of life, offering companionship, support, and comfort, especially in challenging times. For leaseholders, however, the desire to keep a pet often encounters legal and contractual barriers. Understanding the terms of your lease and the reasonableness of any pet policies is essential, and with potential legal changes on the horizon, the future for pet-owning tenants looks more hopeful than ever.

Nov 12, 2024

5 min read

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28

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