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www.rspca.org.uk/cawf
The RSPCA's position on tenancy
agreements and pets policies in relation
to human rights
The RSPCA believes that restrictions on pet ownership in
tenancy agreements and pet policies are appropriate and will
not infringe tenants' human rights, where they are needed to
ensure good animal welfare, avoid nuisance to other tenants
and/or protect the landlord's premises from damage. These
aims have been recognised in case law as legitimate to justify
restrictions on people that affect their rights, for example,
to private life and peaceful enjoyment of their possessions,
such as pets. The RSPCA would expect that a landlord has
the discretion to decide what limitations are necessary in the
circumstances it is dealing with and to balance the competing
rights and freedoms of all tenants.
The Society anticipates that restrictions meeting the following
criteria will be lawful.
l They are aimed at ensuring animal welfare and/or reducing
anti-social behaviour and other nuisance and/or protecting
the landlord's premises.
l They are proportionate to their aim i.e. are not more
restrictive than necessary (landlords should consider
whether there are other ways of achieving the aim and
if so, which is the most appropriate).
l They are non-discriminatory.
l They comply with the Unfair Terms in Consumer Contract
Regulations 1999 (UTCCR).
On the latter point, although the Office of Fair Trading (OFT)
has stated that blanket exclusions of pets could be unfair, the
OFT would be unlikely to object to a term (made known to
the tenant before they enter into the tenancy agreement)
prohibiting the keeping of pets that could harm the property,
affect subsequent tenants or be a nuisance to other residents.
As such, in the Society's view, a well thought-through pets
policy which imposes limitations on pet keeping that are
necessary to protect other tenants from problems caused
by irresponsible pet ownership, or to prevent damage (that is
more than wear and tear) to the landlord's property, should
not breach UTCCR or human rights law. The placing of
responsibility on landlords for policies and procedures to deal
with anti-social behaviour (in the Housing Act 1996) seems to
support our view.
It would seem sensible for landlords to document the thought
process behind their pets policy and relevant tenancy terms,
and to keep examples of situations that have led to the policy,
or changes to it, or which the policy has enabled them to deal
with effectively.
For further information on the OFT guidance go to:
www.oft.gov.uk/oftwork/publications/publication-categories
Please note:: The text on our position is simply the
RSPCA's view, which informs us in recognising and
promoting good practice for the purpose of the CAWF
Housing Footprint. However, the Society does not
itself operate as a housing provider and does not have
any expertise in housing law; this statement of our
view should not be relied upon as legal advice by any
person. We recommend that the relevant legislation is
consulted and own legal opinion sought.
Wales and West Housing
Information for residents before
acquiring a pet
In 2008 Wales and West Housing (WWH) was one of
only two CAWF entrants to achieve the gold footprint
for housing. It provides homes and services to more than
25,000 people and works in 14 local authorities managing
more than 9,000 properties.
It has produced some excellent guides for pet-owning
residents. But its information leaflet for residents
considering getting a pet is the most impressive as it poses
a number of questions to help tenants seriously consider
the impact of a pet and whether it will suit their lifestyle.
This proactive approach to pet ownership has helped
WWH build strong working relationships with a number
of leading national animal welfare organisations, as well as
Cardiff Dogs Home. It also holds events across South Wales
that are designed to promote responsible pet ownership.
During May to October 2008, WWH ran events, some
of which coincided with National Noise Awareness Week,
that focused on barking dogs and provided advice on
how to tackle the reasons for barking.
It has also formed a partnership with Dogs Trust, which
has agreed to visit communities and run workscatherine.jones@wwha.co.ukpet ownership, as well as talking about the
benefits of microchipping and neutering. Similar activities
have been put on for children in the school holidays.
Catherine Jones, Head of Performance Improvement
Email: catherine.jones@wwha.co.uk
Tel: 0800 052 2526
www.politicalanimal.org.uk/cawf
GOLD
Footprint