What to do when a tenant has a pet without permission

At some point during your time as a landlord, you may experience a tenant who has a pet without permission. The debate of whether or not to allow your tenants to have pets is already a tricky issue in itself, not to mention realising your tenants having pets in a no-pet rental.  But, it is always in your best interest as the landlord to handle the issue calmly and in a legal manner rather than reacting in a way that will cause more issues. 

There is an increasing demand for pet-friendly rentals and the attitude towards allowing pets in rentals is changing. Here, we’ll discuss your rights as a landlord when a tenant has a pet without your permission. We’ll also look into the pros and cons of allowing your tenants to have pets. 

Reviewing the tenancy agreement

Let’s dive right into what your options are as a landlord when your tenant has a pet without permission. 

Check the original tenancy agreement 

The first thing you’d need to do is double-check the tenancy agreement you have in place to see whether there are any clauses in place about pets. If there is a no-pets policy in place, you are then within you’re rights to go back to the tenant and enforce this policy. 

The  2021 Model Tenancy Agreement also now encourages landlords to be more open to being more pet-friendly and does not allow tenants to put a blanket ban on pets anymore. Remember, though, that you are not legally obliged to allow pets on your property unless this has been agreed upon previously. 

Determining if the pet is legally protected  

Next, it’s important to determine whether or not the pet is a service animal. Service animals are protected under the Equality Act 2010 which means that you are legally not allowed to refuse your tenant this as having a service dog would be supporting their disability. 

Also, service animals are not classed as pets but rather as ‘auxiliary aids’. This means that you won’t have any legal grounds to refuse your tenant their service animal. 

Emotional support animals, however, are not protected under the Equality Act 2010 which means they do not have the same legal protection as service animals. Emotional support animals are not trained in the same way service animals are and are there to support people with mental health difficulties. 

You could request documentation from your tenants that explains the need for the service animal or the emotional support animal. Tenants can get these from their GP or from organisations that train service animals. 

Communicating with your tenant  

The next step would be to communicate with your tenant about them getting a pet without your permission as the landlord. The key here is to remain calm and professional by approaching your tenant without confrontation. The objective is to understand why they got a pet without speaking to you about it first. 

Once you have taken the time to understand your tenant’s point of view and you feel that you’re willing to find a compromise, try to find a solution to the problem. The key here is to ensure tenant satisfaction without compromising on keeping your property maintained and in good condition. 

You’ll need to assess whether the tenant’s pet is causing any property damage or disruption before taking any sort of action. 

Finding a resolution  

If you’re happy to allow your tenant to keep their pet, the next step would be to update the tenancy agreement to include a pet policy addendum. 

Make sure that you outline any conditions you feel are important, for example, if the pet causes damage it would be up to the tenant to ensure the damage is repaired. You could also consider asking your tenant for a pet deposit (within reason). 

You may not be willing to allow your tenant to have a pet in your property, however, in which case you’ll need to inform the tenant that having the pet violates the leasing terms and request that the tenant either moves out or rehomes the pet. Make sure that you set a reasonable deadline for either of these options and try to be fair with it. Your tenant will potentially need to find a new place to live and this could take a bit of time.  

What if your tenant refuses to move out or rehome their pet? In this case, you’ll need to either give them a formal warning or inform them that you will be taking legal action against them. If a tenant has formally requested to have a pet, you have 28 days to respond in writing with your decision. 

Note that you’ll need to provide your tenant with a valid reason as to why you’re refusing them to have a pet at the property, for example, if the property is too small or if it is extremely impractical to have a pet in the property. 

The last resort would be to serve your tenant with a Section 8 Notice if they still refuse to move out or rehome their pet. Make sure that you document all communication that is had with your tenants so that there is evidence of your efforts in resolving the issue. 

A tenant having a pet without permission doesn’t need to become a stressful situation. If you follow the right steps, it’s very possible to come to a resolution. 

If you have not yet looked into getting landlord insurance for your rental property, now is the time to invest to make sure that your property is safeguarded against unexpected damages. 

At CIA Landlords, our team of experts will walk you through the process step-by-step, ensuring that you have all the information you need to be able to make an informed decision. We have never been beaten on prices and we compare landlord insurance prices against 9 different insurance providers. 

If you’d like to speak to a member of our friendly team, get in touch with us on 01788 818 670 for more information.