Support animals and renting

It’s safe to say that having fur babies brings unlimited joy to people, and as a landlord, you might be battling between allowing tenants to own an emotional support animal (ESA)  and creating an environment where support animals and renting co-exist. 

Here, we’ll look at service dogs, landlord laws and what your legal obligations are for support animals. We’ll also look at best practices for handling tenant requests and how you can craft fair tenancy policies that take into account both property concerns and renters’ rights with service dogs and ESAs. 

We’ll also look into the different legal distinctions between assistance animals and emotional support animals within the UK rental market. 

What is a support animal?

Support animals are there to support people, either with emotional trauma or with any disabilities. There is a distinct difference between a service animal and an ESA. 

Service animals are trained to help people with disabilities and are protected under the Equality Act 2010. This means that, as a landlord, you are required to make reasonable adjustments for your tenants if they need an assistance animal. 

There are common types of service animals, which are usually dogs. These include: 

• Guide dogs – trained to support visually impaired people 

• Hearing dogs – trained to support people who are deaf or hard of hearing

• Medical alert dogs – trained to recognise when people are about to have a seizure through odour

• Mobility assistance dogs – trained to support people who are in wheelchairs or who have limited mobility
• Autism assistance dogs – trained to support people with autism

Service animals are trained by recognised organisations such as Guide Dogs, and Hearing Dogs for Deaf People. 

On the other hand, emotional support animals are there to support people who suffer from mental health conditions. They are not required to undergo any type of training in the way that service animals are and are mostly there to emotionally support people. 

ESAs are not protected under the Equality Act, which means that it will be up to you, as a landlord, whether or not you want to allow your tenants to have an ESA when renting from you. 

Renters’ rights with service dogs and ESAs

We mentioned above that service dogs are protected under the Equality Act 2010 which makes it your responsibility to make reasonable adjustments to accommodate people with disabilities who rent from you. 

Service animals cannot be refused due to a ‘no pets’ policy and are technically not classed as pets, but rather as ‘auxiliary aids’.  

Reasonable adjustments

Now, let’s take a look at a few examples of reasonable adjustments that you might make as a landlord. For example: 

• Changing  your ‘no pets’ policies and tenancy agreements to allow for service animals
• Providing an outdoor space for service animals to access
• Making changes to policies that disadvantage tenants with disabilities 

It is also important to note that you are unable to increase your rent due to a tenant having a service animal and tenants are within their rights to request that landlords make reasonable adjustments for them. If landlords refuse to make reasonable adjustments for their tenants who require a service animal, it can be classed as discrimination. 

As we mentioned above, emotional support animals are not protected under the Equality Act which means that you are not legally required to accept ESAs in your property. So, can a landlord refuse an ESA dog? Usually, landlords will consider ESAs on a case-by-case basis and will need to consider different factors before refusing their tenants from having an ESA, for example: 

• The ESA poses a risk to the health and safety of other tenants
• The ESA could cause significant damage to the property
• The ESA would violate health and safety regulations
• The ESA would cause undue hardship, such as major financial loss

There is an increasing awareness of the role that ESAs play in mental health, however, and we recommend that you find out more information on how ESAs support people so that you’re in a position to make a more informed decision regarding this. 

Vetting documentation and handling tenant requests

You might receive different types of documentation from your tenant, depending on whether they’re requesting that a service animal or ESA live with them. But, it is important to note that this is not a legal requirement for tenants. 

With service animals, tenants may provide documentation that has been given to them from assistance animal organisations, like the ones mentioned above. 

Tenants who are requesting that an ESA live with them may provide you with a letter from their GP or any mental health practitioner.  

If your tenant has given you a document from their GP or an assistance animal organisation, it’s important to acknowledge the letter so that your tenant is aware that you’re looking into either making reasonable adjustments or considering their request for an ESA. 

You may want to have a discussion about this with your tenant, too, so that you can voice any concerns you may have (the same goes for your tenant). 

Creating a fair and balanced tenancy agreement for support animals and renting

It would be within your best interest as a landlord to create a fair and balanced tenancy agreement that gives tenants clarity between service animals and ESAs and which type of ESA you’re willing to take into consideration. 

Clearly highlight any reasonable rules in the tenancy agreement regarding service animal behaviour and the responsibility tenants would need to take for any damages caused by the support animal. 

It’s best to encourage proactive discussions about support animals and renting rather than an outright refusal of any support animals. You want to ensure that your relationship with your tenants is healthy, and the best way to do this is to consider their views.

We encourage you to stay up-to-date with the latest legislation regarding support animals and renting, including renter’s rights with service dogs and ESAs so that you aren’t caught off guard. The best type of landlord to be is an informed one who is open to communicating with tenants. 

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