Renters' Rights Bill

Written evidence on the Renters’ Rights Bill submitted by Mars Petcare UK and Battersea Dogs & Cats Home (RRB28)

Executive summary

· Pet homelessness in the UK remains a critical problem, yet thousands of current and prospective pet owners are being unfairly blocked from pet ownership or suitable housing due to overly restrictive tenancy agreements.

· Housing issues are the second most common reason for dogs being relinquished to rescue and rehoming centres like Battersea, with 39% of rehoming applicants being renters who face restrictions on pet ownership.

· Mars Petcare UK and Battersea Dogs & Cats Home strongly welcome the introduction of the Renters’ Rights Bill, and specifically the pet provisions Clauses 10 & 11, and believe the passing of this legislation will mark a significant step forward for renters with pets, or those aspiring to adopt one, across the country.

· We acknowledge the intent of this Bill is to enhance tenant rights across England while maintaining a balance between the interests of both tenants and landlords. Yet, we believe there still remains significant scope to strengthen the Bill’s provisions to ensure the ambitions of the bill are achieved and to drive the essential change needed to overcome barriers for pet owners, close potential loopholes, and ensure a more equitable rental market.

· We have proposed three amendments to strengthen the pet provisions including providing examples of what constitutes a reasonable or unreasonable refusal from a landlord; ensuring decisions are upheld throughout a tenancy; and preventing pre-tenancy discrimination against pet owners.

· By adopting these amendments, pressure on the Ombudsman and the legal system would be greatly alleviated, reducing the volume of cases brought before the courts.

1. Introduction

About Mars Petcare UK

1.1 Mars Petcare UK manufactures some of the nation’s most beloved brands for pets in the UK, including Pedigree, Whiskas, Sheba and Royal Canin. Mars Petcare UK is part of a wider Mars UK footprint producing some of the nation’s most iconic confectionary and food brands including Mars, Snickers, Galaxy, and Dolmio across 11 sites.

1.2 Mars Petcare UK has a global ambition to end pet homelessness, ensuring all pets are wanted, welcomed, and cared for. As part of this, we passionately believe in improving access to pet-friendly housing so that more people can experience the joy and benefits pets can bring.

About Battersea Dogs & Cats Home   

1.3 Battersea Dogs & Cats Home is one of the UK’s oldest and best-known animal rescue centres, providing love and expert care for over 160 years. Battersea operates across three centres in South East England, with staff providing the specialised care they need for each dog and cat put into their care, getting to know their characters and quirks so we can find them a new home that’s right for them.    

1.4 The wealth of knowledge gathered by Battersea helps to improve the lives of other pets and animals, through our work with other rescue organisations in the UK and across the world.  Battersea helps people make informed choices when getting or caring for a pet, provides training and welfare advice, and campaigns for changes in the law when we see that it is necessary to safeguard dog and cat welfare.

Joint mission

1.5 In the UK, thousands of animals are in desperate need of a loving home, but thousands of willing would-be responsible pet owners living in the private are being unfairly blocked from adopting a pet or accessing suitable housing, because of overly restrictive tenancy agreements.

1.6 Mars Petcare UK and Battersea Dogs & Cats Home have a long-standing partnership, with a joint mission to improve access to pet-friendly housing so that more people can experience the joy and benefits pets can bring, as well as endeavouring to end the issue of pet homelessness across the UK.

2. Achieving the ambition of ending the blanket ban on pets

2.1 There is a real opportunity for the Government to take the lead on this critical issue. By strengthening pet-friendly provisions in rental agreements, a profound impact can be made on both animal welfare and the number of homeless pets in the UK. Once these provisions are reinforced, the UK would not only align with countries like France and Canada, which have already passed similar legislation but could also position itself ahead of them.

2.2 Currently, housing issues are the second most common reason for dogs being relinquished to rescue and rehoming centres like Battersea, with 39% of rehoming applicants being renters who face restrictions on pet ownership. Whilst 76% of tenants already own or aspire to own a pet, research shows that only 8% of landlords list their properties as pet-friendly [1] .

2.3 Mars Petcare UK and Battersea Dogs & Cats Home strongly welcome the introduction of the Renters’ Rights Bill, and specifically the pet provisions, Clauses 10 & 11. We were pleased to see the timeline that landlords must respond to a tenant’s request, shortened to 28 days, after advocating for this in the Renters (Reform) Bill.

2.4 We believe the passing of this legislation will mark a significant step forward for private renters with pets, or those aspiring to adopt one, across the country.

2.5 To fully realise the Government’s ambition of ending blanket bans on pets and therefore unlocking thousands of rented properties to pet owners, there still remains significant scope to strengthen the Bill’s provisions. By enhancing these provisions, we believe that it will help drive the essential change needed to overcome barriers for pet owners, close potential loopholes, and enable a more equitable rental market.

2.6 We urge the Committee to consider the amendments below:

1. Give examples of what constitutes ‘reasonable or unreasonable refusal’ [Clause 10, Sub-Clause 1: In the 1988 Act, after Section 16 insert – 16B (5)]

2. Ensure that decisions on pets are upheld throughout the tenancy [Clause 10, Sub-Clause 1: In the 1988 Act, after Section 16 insert – 16A 1(d)]

3. Extend pre-discrimination protections to pet owners [Chapter 3: Add a new provision – (Clause 34) and extend the current clauses 34 – 37 to include pets]

2.7 We acknowledge the intent of this Bill to enhance tenant rights across England while maintaining a balance between the interests of both tenants and landlords. However, without the proposed amendments, we believe there will still be substantial obstacles for pet owners, as the current provisions contain loopholes that could allow landlords to unfairly prevent tenants from keeping pets in privately rented homes.

2.8 Granting landlords the ability to determine what constitutes reasonable or unreasonable refusal without a statutory framework will limit the ability of the Bill to achieve its aims, and place an undue burden on tenants, many of whom may lack the time or resources to challenge such decisions through the Ombudsman or the courts. By implementing these amendments, pressure on the Ombudsman and the legal system would be alleviated, reducing the volume of cases brought before the courts.

3. Amendment 1: Give examples of what constitutes ‘reasonable or unreasonable refusal’

3.1 Clause 10, Sub-Clause 1: In the 1988 Act, after Section 16 insert –

16B (5) The circumstances in which it is unreasonable for a landlord to refuse consent include those based on –

(a) a landlord’s personal opinion of a tenant;

(b) a landlord’s personal opinion of pets or specific species;

(c) a generalised fear of damage to the property;

(d) a pre-emptive fear of complaints from neighbours relating to noise, fouling or anti-social behaviour caused by the animal;

(e) a landlord’s experience with a previous tenant about pets;

(f) animal welfare concerns

The current 16B (5) would then become 16B (6)

3.2 As the Bill currently stands, landlords will not be able to unreasonably refuse consent for a tenant to have a pet but does not reference what is or isn’t unreasonable. We recognise that no piece of legislation could address this in full but providing some clear examples and/or guiding principles will reduce ambiguity and help prevent disputes - avoiding placing an undue burden on pet owners to seek legal redress.

3.3 This approach would align with the strict criteria established in countries such as France and Canada, where similar legislation has been passed. By including specific examples, the Bill would reduce ambiguity and prevent landlords from basing decisions on personal preferences. It should outline particular scenarios where refusing a pet request would be deemed unreasonable.

3.4 Specific examples of unreasonable refusal, clearly outlined within the Bill itself, would help prevent conflicts from escalating into legal disputes. Tenants would better understand their rights, and landlords would be less likely to issue refusals that could be contested. This would reduce the number of cases requiring mediation or court intervention.

3.5 Defined criteria would also promote consistent standards across the rental market, ensuring that decisions regarding pets are based on legitimate concerns rather than subjective preferences. This would help ensure fair treatment for tenants.

3.6 In addition, whilst it may seem sensible for a landlord to be able to refuse consent on animal welfare grounds, it is animal owners who are already legally responsible for the welfare of their pets as per the Animal Welfare Act 2006. We do not think the Bill should in any way shift that responsibility onto a landlord. Similarly, we believe allowing refusals based on animal welfare concerns would provide landlords with too much scope to refuse consent, significantly limiting the impact of the Bill.

3.7 Finally, Battersea Dogs & Cats Home, requests that guidance on what constitutes reasonable refusal should clearly state that owners cannot be refused on the grounds that they have an exempted Section 1 dog. Owners of an expected Section 1 dog should not be discriminated against in seeking a rental property providing that the dog is being kept in compliance with all specific legal requirements.

4. Amendment 2: Ensure that decisions on pets are upheld throughout the tenancy

4.1 Clause 10, Sub-Clause 1: In the 1988 Act, after Section 16 insert –

16A 1(d) – "the landlord may not review or withdraw consent once given."

4.2 The current language of the Bill does not include a specific provision that once consent is granted to keep a pet in a privately rented property it remains for the duration of the tenancy once agreed.

4.3 Including this assurance would reduce housing insecurity for families who own pets, ensuring that landlords cannot revoke consent and effectively evict tenants who desire to keep their pets.

4.4 While we understand that the effective outcome of allowing pets for the duration of the tenancy could be something established down the line in litigation, this would reduce the burden of seeking redress on tenants and provide relief to the ombudsman and the legal system due to the likelihood of disputes whilst providing certainty on the rules and achieving the Bill's ambition from the outset.

5. Amendment 3: Extend pre-tenancy discrimination protections to pet owners

5.1 Chapter 3: Add a new provision – (Clause 34) "Discrimination relating to pets" mirroring the language found in Clause 30 ("Discrimination against children") and Clause 31 ("Discrimination against benefits claimants") to prevent discrimination against tenants relating to pets and pet owners and extend the current clauses 34 – 37 to include pets.

5.2 While the Renters’ Rights Bill includes provisions to prevent discrimination against tenants with children and/or those claiming benefits, the Bill fails to protect pet owners from pre-tenancy discrimination. This means landlords can reject prospective tenants on the sole basis that they are pet owners, without providing any reasonable justification, nullifying any other protections afforded to pet owners in the Bill when seeking a new home.

5.3 Introducing these measures will ensure prospective tenants are protected against discrimination by landlords at the application stage, but crucially still allow landlords to refuse consent where it is reasonable after an application has been successful. This will ensure that existing pet owners are not automatically denied properties for rent and have as much chance of renting with an existing pet as those who seek to own one only after they are in a tenancy agreement.

5.4 Government statistics show that privately rented accommodation with dependent children makes up less than a fifth (19%) of the total of private renters, whilst 25% of private renters receive some sort of housing support according to 2021-22 statistics provided by the Government last year [2] .

5.5 This means that the legislation appropriately protects vulnerable groups in society, even where they are a small part of the UK’s renting population. However, pet owners and prospective pet owners are a much bigger group with no protection currently proposed in the Bill. Only 8% of landlords list their properties as pet-friendly, yet 76% of tenants either currently own a pet or aspire to take one on in the future. According to figures compiled by Battersea Dogs and Cats Home, 39% of applications to rehome pets come from tenants.

5.6 This demonstrates the risks that pet-owning tenants face when seeking new properties in the private rented sector, and the ease with which landlords can reject their applications without reason at the pre-tenancy stage. These unwanted scenarios often lead tenants to give up their pets to access housing and are the second most common reason that animals are relinquished to pet rescue and rehoming centres in the UK.

5.7 This clause is needed to remove tenants’ first barrier when owning pets in the private rented sector: being discriminated against for being a pet owner. The protections offered to request and own a pet in rented accommodation are nullified if tenants cannot access any rented accommodation for being pet owners.

October 2024