7. Debate on a Member's Legislative Proposal: A ban on ‘no pet’ clauses in rented accommodation

Part of the debate – in the Senedd at 4:35 pm on 6 July 2022.

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Photo of Julie James Julie James Labour 4:35, 6 July 2022

Diolch, Deputy Llywydd. I also want to thank Luke Fletcher for bringing this really important subject to the Senedd for debate today, and of course I fully support the overall intent of the motion, which is to allow more people to enjoy the companionship that a real pet can bring. My own dog recently died, and I have to say that I'm extremely bereft without him, so I very much appreciate the companionship that a pet of that sort can bring. 

Of course, it's vital that everyone has access to safe, affordable housing that meets their needs now and in the future, and I absolutely agree that people should never be forced to limit their living choices simply because particular landlords seek to refuse to have pets. But I just want to set out the current position accurately, Deputy Llywydd. I'm not really clear about point 2(a) in the motion, which calls for

'a standard tenancy agreement similar to the UK Government’s model tenancy agreement'.

So, just to be clear about what's actually happened, the UK Government has published a model tenancy agreement that includes a clause on the keeping of pets, but a landlord using a model agreement is entirely free to delete the clause, as there is no statutory right to keep a pet anywhere in the UK, and that will still be the case after this model contract has been put in place. So, I'm afraid they're not suddenly seeing the light in terms of being much more enlightened.

In Wales, the implementation of the Renting Homes (Wales) Act 2016 will introduce a requirement for all rental agreements, or occupation contracts, as they will be called under the Act, to be set out in writing, and model contracts are available to assist with this. Again, whilst at the moment there is no statutory right to keep a pet created by the renting homes Act, additional terms can be including in the occupation contracts to cover this. If a term is included that allows a contract holder to ask permission to keep a pet, the landlord cannot unreasonably refuse consent or cannot make consent subject to unreasonable conditions. The Consumer Rights Act 2015 already prevents landlords from unreasonably refusing any reasonable request to allow tenants to insert additional clauses in their contract, and that includes the keeping of pets. And it’s very important to remember that this already applies to all types of tenancy agreement or contract, so applies equally to social housing as it does to the private rented sector. However, consumer protection law is a reserved power, so we will wait to see what the UK Government’s recently announced proposal for the model contract does, and whether they actually strengthen rights under the Consumer Rights Act, but they haven’t said that that’s what’s happening so far, and we are actively watching that space.

Here in Wales, Rent Smart Wales already actively promote the RSPCA’s 'Homes for All' good practice guide, as well as the free draft pet agreement that landlords and tenants can use and which Jack Sargeant and I have discussed previously in the Senedd. The Rent Smart Wales code of practice also encourages landlords and agents to be accommodating towards tenants with pets. I’m not currently aware of any problems at all when tenants wish to keep pets in social housing, and that includes a range of pets that aren’t just cats and dogs, so, if you do come across that again, I would be very grateful to know, because that should not be happening. We have been very clear with providers that pets are to be welcomed unless there is a very specific reason why that particular pet or that particular accommodation can’t accommodate it. Because there are certain types of accommodation that are completely unsuitable for some pets, but we do expect providers to work with tenants to come to some sort of mutually beneficial resolution where that issue arises, including actually looking for alternative accommodation, obviously.

Social housing providers also have a duty of care to all who live in their community, so there will be cases where they will not allow some dogs, for example, any that would qualify under the Dangerous Wild Animals Act 1976.

I also wholeheartedly agree that for many people forced to sleep rough on the streets of our towns and cities—which, might I say, in Wales is not the case now, because, of course, we provide services to all people who present as homeless, so this is very different scenario from the briefing that Members will have had, which pertains mostly to the English situation, so just to be clear about that—. But, nevertheless, a dog or animal is often a crucial companion to help them cope with the situation they find themselves in, and very beneficial for mental health, as Sioned pointed out actually for the ducks point there. So, I agree that a pet should not be a barrier to them coming into services, and it’s unacceptable where that’s the case.

Now, we have been working really hard over the pandemic and immediately afterwards, and including with the Ukrainian refugee crisis—Ukrainians are particularly fond of pets as well—to make sure that as much of our hostel and emergency provision across Wales caters for companion pets. It’s just not possible in some places, but, where it is possible, we have been really clear that companion pets must be catered for. We do however include a risk assessment, and that has to be done at the discretion of the on-site project manager. So, I don’t want to be negative at all, because I’m completely on board with what we’re trying to achieve here. But, quite clearly, if you have traumatised people and one of them is terrified of dogs, there’s going to be a big problem if there’s a dog included in the accommodation. So, we have to have a balanced way of making sure that we have mutually beneficial ways of risk assessing that. And of course, that can be a deterrent to somebody who wants access to that particular shelter or service, so it is all about trying to get the right balance and the right flexibility to ensure we’re meeting the needs of individuals. And then, obviously, the thing to say is that emergency accommodation, a hostel, is a last resort place; we’re not at all keen for people to be there at all, so, obviously, what we’re trying to do is get the best move-on accommodation and long-term suitable housing for them, and that of course would then allow them to keep their pets permanently.

So, in summary, I agree pets should be welcome in all types of accommodation, as long as it’s appropriate for both the tenant and the animal. We don’t think it’s necessary to legislate, because we think a lot of the protections are already in place, and we have a good balance of risk assessment, but, if any Member has an example of a social landlord in particular refusing pets unnecessarily, please do get in touch with me about those specifics and we’ll be working with the social landlord to make sure that we understand what’s happening and to make sure that companion pets are welcome in our housing in Wales. Diolch.