In the Dog house - Can a Landlord refuse a support / service animal

A majority of landlords would think twice before allowing a tenant to rent with a pet and most tenancy agreements have a ‘No Pets clause’ as standard.

However if a prospective tenant or existing tenant requests to have a service or support animal, then the landlord cannot just refuse without a very good reason.

The Equality Act 2010 calls these changes ‘reasonable adjustments’.

Reasonable adjustments only apply if the tenant has a disability as set out under section 6 of the Equality Act 2010

The definition as set out in section 6 says you’re disabled if:

• ·         you have a physical or mental impairment
• ·         that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities

Some impairments are automatically treated as a disability. You’ll be covered if you have:

• cancer, including skin growths that need removing before they become cancerous
• a visual impairment - this means you’re certified as blind, severely sight impaired, sight impaired or partially sighted
• multiple sclerosis
• an HIV infection - even if you don't have any symptoms
• a severe, long-term disfigurement - for example severe facial scarring or a skin disease

These are covered in Schedule 1, Part 1 of the  Equality Act 2010 and in Regulation 7 of the Equality Act 2010 (Disability) Regulations 2010.

Reasonable adjustments can be changes to policies, practices or terms of your agreement, such as changing a No pet clause.

They can also mean providing extra equipment or support - the law calls this auxiliary aids.

If the changes have to be made, the law calls this the ‘duty to make reasonable adjustments’. It’s covered in sections 20, 21 and 36 and Schedules 4 and 5 of the Equality Act 2010.

If the landlord refuses to make a reasonable adjustment, they may be discriminating against the tenant and could be acting illegally.

This could result in a fine or prosecution.

In addition a Private members bills currently working its way through Parliament which sets to establish a tenants rights to keep dogs and other animals in domestic accommodation, this could see an end to a standard No Pet approach.

In Thomas-Ashley v Drum Housing Association Ltd [2010] the court accepted that it was reasonable that the landlord refused to allow the disabled tenant to keep an assistance dog given the reasons for the landlord’s objection to the dog and the specific terms of that lease. This was despite the tenant’s clear need for the dog on health grounds and the effect that the refusal would have on the tenant’s ability to remain in the property.