QUESTION
I have lived in my private rented flat for 5 years. My landlord has now advised there will be a new no pets policy meaning I will have to re-home my dog who I have had for 6 years and was agreed with the landlord that I would move in with my dog. Is this correct? I do not want to move home but I also cannot imagine having to lose my dog!
ANSWER
There are two contractual areas for consideration here when providing a response. Your Landlord and the Freeholder will have contractual obligations with their lease, and you will have contractual obligations with your Landlord as part of your assured shorthold tenancy.
It is unclear why a ‘no pet policy’ has been introduced at this time during your tenancy. I would try to ascertain: a) whether pets were never permitted as per the terms of the lease or b) whether the Freeholder has changed the policy on pets or c) whether your landlord changed their mind on permitting pets into their property.
The lease will contain either: (i) a “no pets” restriction clause; or (ii) reference to obtaining prior consent before you can keep a pet; or (iii) be silent on pets in the property.
A typical clause in the lease may read along the lines of: “not to keep any bird, dog or other animal in the Demised Premises without the previous consent in writing of the Lessor…such consent to be revocable by notice in writing at any time on complaint of any nuisance or annoyance being caused to any owner tenant or occupier of any other flat in the building.”
If the Freeholder made the decision to enforce the ‘no pets policy’, your Landlord may be wary of breaching the terms of their own lease and any potential action that may be taken against them as a Leaseholder. That might be why they have asked you to remove the pet from the property. As mentioned earlier, the terms of the lease will be between your Landlord and the Freeholder. If the Freeholder has made the decision that consent is now required before you can keep a pet, your Landlord may be able to apply for retrospective consent for you to keep a pet in their property.
The first thing you need to do is to check your tenancy agreement. Has it been amended to confirm that you may keep the dog? If it has, then there is nothing the landlord can do. He cannot unilaterally change the tenancy agreement without your consent.
If the tenancy agreement has a clause forbidding pets (most tenancy agreements do by default), then the next thing to consider is whether you have evidence to show that your Landlord provided you with consent.
When you signed your tenancy agreement, you acquired a legal right or interest in the property. This means that you are entitled to live there until such time as you are evicted by the courts.
I think it most unlikely that in these circumstances your landlord could succeed in a claim to evict you because of your dog, for the reasons given above. You would have a good defence to such a claim. For this reason, I think it is unlikely that your landlord would start any proceedings, particularly if you have made all rent and any other payments promptly.
In addition, under the unfair terms regulations – part of the Consumer Rights Act 2015 – you should be able to request that you can keep your pet in your flat despite a clause in the lease against it. Any such request should be fairly considered and not refused without reason.
A problem does arise after the fixed term has ended. Your landlord can serve what is known as a section 21 notice on you which, if you do not vacate during the notice period, will entitle him to bring a claim for possession through the courts, based on that notice.
Section 21 proceedings do not have to give a reason, other than the fact that a valid section 21 notice has been served and the tenant has not moved out. So, if your landlord did this, you would have to move out or face eviction.
However, hopefully, during your fixed term, you can convince your landlord to re-consider his decision. If he sees that you are good tenants, the dog is not destructive, and that if he requires you to get rid of the dog, you will move out leaving him with all the expenses of finding a new tenant, he may change his mind.
I would recommend you begin with a ‘friendly’ chat with your Landlord and that you seek advice from a solicitor.
The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice.
Samantha Massey, Head of training and compliance, SDL Estate Management Ltd
