Landlords and letting agents are still getting basic elements of the Renters’ Rights Act wrong three months after the first phase of the legislation came into force, with a pet campaign group warning that some are using tenancy clauses that have been unlawful for years.

AdvoCATS East Mids, which specialises in helping landlords, agents and tenants navigate pet-related issues in the private rented sector, says its casework has “shot up” since the new rules took effect in May.

“Enquiries range from our undertaking full casework for a landlord or tenant, to calls and emails from both sides checking certain key points regarding the RRA and how they can best work within its constraints. “Add our social media activity correcting misunderstandings as and when we come across them, and that’s a lot! We’re very busy!”

The organisation says it has considerable sympathy for landlords and agents facing a raft of new regulations but believes the volume of changes cannot excuse some of the basic errors it is continuing to encounter.

Among them are clauses requiring tenants to pay for a professional clean at the end of a tenancy, something landlords have not been able to require since the Tenant Fees Act 2019.

AdvoCATS has also encountered tenancy agreements requiring tenants with pets to hold pet damage insurance. LandlordZONE partner Total Landlord Insurance provides specialist pet insurance for landlords and is also keeping landlords informed about the changing requirements affecting the private rented sector. That is particularly notable because pet damage insurance was proposed during the passage of the Renters’ Rights Bill, but the provision was ultimately removed during the parliamentary process.

'The devil is in the detail'

The warning comes as landlords continue to adapt to the new pet rules, under which tenants have greater rights to request permission to keep a pet.

AdvoCATS says that while there is no shortage of information explaining what the legislation requires, landlords and agents also need practical tools to help them make decisions about individual animals. The organisation, a voluntary, not-for-profit group founded in 2018, provides free templates through its website, including a Pet CV and Vet Reference.

The Pet CV allows a tenant to provide details about their animal, including its breed, age, photograph, veterinary details and character. It can also provide more practical information, such as whether a cat is kept indoors or outdoors, or whether a dog attends daycare while its owner is working. A Vet Reference provides additional confirmation of the animal's veterinary history.

According to AdvoCATS, a lack of veterinary information should not necessarily mean an automatic refusal, but it may be a warning sign requiring further explanation. The organisation's view is that the more information a tenant can provide, the better equipped a landlord is to make a fair and informed decision.

'No-one has a God-given right to own a pet'

AdvoCATS says the debate should not be about giving tenants an automatic right to keep any animal they choose, but about creating a process that allows responsible pet ownership where appropriate.

“No-one should have a God-given right to own a pet, but every pet surely has the right to a safe, loving and responsible home,” the organisation says. "We’re seeing lots of positive outcomes from our work which is very gratifying – it proves that information is key, and we’re more than happy to help facilitate that.”

AdvoCATS' pet information, templates and guidance are available at www.advocatseastmids.org.uk.

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