Residential Leases and Assistance Dogs

The law surrounding the position of assistance dogs and Leases which prohibits pets has not yet been fully decided, however, to ensure that Landlords are acting reasonably and tenants are being treated fairly, the following should be considered. 

A lease may prohibit the keeping of pets or may require advance written consent to keep pets which can later be withdrawn. Prohibitions or restrictions are put in place for the benefit of all tenants of the building. Usually, this is due to the issues of noise which pets tend to bring. However, when the matter of assistance dogs is considered in this context, it cannot be black and white.

Under the Equality Act 2010, it could be seen as an act of indirect discrimination if a Landlord refuses to make reasonable adjustments to allow for a person with a disability, including a person who may rely on assistance dogs, to live in their property. In order to ensure that indirect discrimination does not arise, Landlords must make reasonable adjustment, including, but not limited to, the amending of their standard policy and practices. This may include the varying of Leases to allow for consent to be given to an individual requiring this adjustment to have an assistance dog live with them or providing a personal waiver of the prohibition to the individual to allow for the granting of consent. 

Landlords must ensure that in making these reasonable adjustments, they do not add any fees or increase rent as a result of the amendments as this could allow for direct discrimination to occur. 

A fear that Landlords may face when making these reasonable adjustments is any challenges which may arise from other long Leaseholders who do not qualify for the reasonable adjustments. In circumstances such as this, it is important to remember that assistance dogs are to be viewed as aids to their owners and not pets. They have been trained to a much higher standard than a domestic pet dogs and so are much less likely to unnecessarily cause noise or behave badly. They are present to allow for people with disabilities to carry out their essential everyday tasks.

If you are a Landlord who is unsure about your position with regards to making reasonable adjustments in a scenario such as this, or a tenant who requires advise on living with assistance dogs in a Leasehold property, please do not hesitate to contact our team of experienced and friendly professionals who will be able to advise you on your matter.