Renters’ Rights Bill

Debate between Lord Howard of Rising and Baroness Miller of Chilthorne Domer

Tuesday 6th May 2025 Lords Chamber

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I rise to speak to Amendments 119 and 126 in my name, to which the noble Lord, Lord Black of Brentwood, has added his name. The provisions of my two amendments simply mirror the provisions that are in Amendments 118 and 125, so that they will apply to superior landlords as well as landlords. A superior landlord is a person who, for example, owns the block of flats and has a greater interest in the tenants than does the immediate landlord. I declare an interest as I have been affected twice recently by the superior landlord being in a position to deny any pet ownership.

I fully agree with the excellent introduction to this issue from the noble Lord, Lord Black of Brentwood, and all the points that he made, but, if this provision is not added to the Bill, I fear it will completely undermine the Government’s very good intentions, which we support, in bringing forward Clause 12, because the position of the superior landlord will almost always override that of the landlord.

The interests that I quote I will give as examples. The first was from when, during Covid, I rented out my flat. The family who rented it wanted to adopt a cat. The rules applying to the block of flats state that pets may not be kept, so although I as a landlord was happy that this family adopted a cat, the superior landlord rules for the block forbade it. More recently, this year, my husband and I have bought a flat, but even as owners we are subject to a rule that the superior landlord has to give permission for a pet. This means a lot of uncertainty for the vendor and for us, while the superior landlord decided whether we could keep our 15 year-old dog.

If the Government succeed in changing the position for renters, they must also address the issue of superior landlords and their ability to block any pet ownership. If the Government do not address this, the likelihood is that the good intentions behind this clause will fail because of the legal limitations for subtenants. Usually, they do not have a direct contractual relationship—that is, in legalese, no privity of contract—with the superior landlord, unless there is a direct agreement. This can mean that enforcing rights or obligations becomes very difficult if the issue lies with the superior landlord rather than with the immediate landlord.

I look forward to hearing the Minister’s reply to this issue, because I fear that, otherwise, as I said, the good intentions of Clause 12 will be totally undermined.

[Lord Howard of Rising (Con)]

My Lords, I am not quite sure what the Minister said earlier, but I would like to declare interest as an owner of rented property.

I shall speak to Amendments 120, 122 and 123 in my name in this group. All these amendments seek to highlight where pets could be unsuitable in a rented property. Although, as I have already said earlier during this Committee, as a landlord I have never refused a pet, a blank cheque for pets is not practical. Amendment 120 would allow landlords to reasonably refuse their consent to a pet if the allergies from that pet would have a negative impact on the landlord’s employees, their managing agents or other related persons, including future tenants. For those who suffer with allergies, this is a very serious matter and can have a debilitating effect, and it is not always possible to remove allergens through standard cleaning. We have all read and heard about the allergies from peanuts et cetera that can kill; well, the allergies from pets are not so serious, but they are very serious for people who suffer.

Amendment 122 would allow landlords to reasonably refuse their consent to a pet if they reasonably believe it is unsuitable for the property, may cause a nuisance to neighbours or may damage the property or place an unreasonable burden on its upkeep. Wooden floors get scratched and carpets get stained—if they are still there —when pets are involved, so flooring almost always needs to be replaced when a tenancy ends. Some may consider this reasonable wear and tear, and others may not, but it is certainly a much greater cost when there have been pets in a property, and it is an important factor to consider. Not every landlord is in a position always to replace everything every time there is a new tenancy. Of course, some pets are capable of causing more damage than others, and some properties are easier to upkeep than others. I think there should be some leniency and some leeway for landlords who know their properties to make a judgment on this.

Amendment 123 follows on from this and seeks to exclude pets which are inappropriate or disproportionate in size or number. I realise there will be difficulties in defining this. Are five Dobermann pinschers more or less suitable than 25 fox-terriers? Nevertheless, as the Bill stands, I am not clear whether a landlord would be free to make a judgment, which most noble Lords would agree would be very sensible, that a Great Dane could not be housed in a studio flat, or that 50 cats could not be kept in a small terraced house. Given the difficulties, will the Minister consider making it clear that the landlord has, or should have, discretion to make sensible decisions for the benefits of residents, neighbours and the pets themselves?