October 2024
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In a recent Tenancy Tribunal case, a tenant unsuccessfully tried to argue that a dog he kept at a “no pets” flat was a companion dog.
In the case released in September, the tenant had signed his tenancy agreement without disclosing he had a bullmastiff dog, despite the agreement having a “no pets” clause.
When the landlord discovered her tenant had a dog at the property, she issued a 14-day notice to remedy the situation by removing the dog. The landlord followed up with another 14-day notice when the dog was not removed. As the dog remained, the landlord took the case to the Tenancy Tribunal seeking to terminate the tenant’s lease.
The landlord noted that as well as having the dog, her tenant had constructed a temporary fence on the property which breached his obligations as a tenant.
At the Tribunal, the tenant argued the dog was a “companion dog”, not a pet, and stated this was why he didn’t disclose he had a pet. His GP provided a statement saying the dog wasn’t at the property at the start of his tenancy because it had been providing companionship to his terminally ill uncle.
Although several recent tribunal decisions had considered whether “no pets” clauses were enforceable or whether they breached a tenant’s right to quiet enjoyment of the premises, in this case adjudicator Rebecca Morgan concluded that the “no pets” rule was enforceable.
Morgan noted that the tenant genuinely believed his dog was a companion animal with recognised legal status. However, the tenant could not provide her with evidence to support that conclusion. She stated that only animals with status under the Human Rights Act were properly certified disability dogs, and the tenant’s dog was not certified.
Crockers notes that this case establishes a valuable precedent. The tenant's primary shortcoming lay in their omission of the fact that they had a pet during the application process. This omission meant the owner did not have the option to consider allowing the pet when the tenant was selected. Therefore, they were effectively providing a false/incorrect application. This would likely have formed a major part of the adjudicator's decision.
The government is currently revising the law to allow landlords to charge an extra pet bond of up to two weeks' rent, in addition to the current bond. Tenants will be held responsible for any pet damage that exceeds normal wear and tear.
The new law will also require that tenants only have a pet or pets with the consent of the landlord, who may withhold consent on reasonable grounds.
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