Jasmine’s Law- and what it means for Lora’s Luck pets
Something you may have seen recently in the news is Jasmine’s Law, put forward by MP Andrew Rosindell This has the express purpose of #APetInEveryHome, a drive which Lora’s Luck is happy to endorse.
Jasmine is a Weimaraner from Surrey – who had to leave her loving owners as a result of the-sometimes quite hidden- ’no pets' clauses some landlords put in their contracts. We would never want this to happen to you! She was not one of 'our' dogs, but we welcome changes to the law that would protect dog welfare and rights. Then maybe we won’t see this happening, as reported in The Havering, to the family of poor ten month old Cooper- a Yorkshire Terrier who barely barks and is never on communal ground-who were served with an eviction notice as one of the new directors of the property 'does not like dogs’!
and there has now been a huge move forward in protecting pets in rental property!
This would affect
people with pets trying to find a new property to rent,
and those already resident wishing to adopt.
Till today (28.01.2021), the default position was
you had to ask for written permission,
and they could just say no with no 'good' reason,
or just not bother to reply to you.
Even if it says in your Agreement pets are allowed, you still have to get the letter/email saying how many and with which conditions else the rescue can’t rehome to you. Currently you can even be evicted in theory for having a dog stay in your home, even for a short period of time, such as overnight, if you do not have express permission. (So definitely keep this in mind if you only have permission for one dog, and another stays over, or there's nothing in your Agreement about either resident or visiting pets!)
From today (28.01.2021) the New Standard or 'Model' Tenancy Agreement that will replace the old Agreement (this template is set by Government and landlords are supposed to issue these as their rules for the property, and give a copy to the tenant, signed by you and them) ‘automatically’ will allow pets, and tenants as well as tenants-to-be still have to apply in writing BUT if the landlord does not respond in 28 days, then the default is approval as detailed in your new Tenancy Agreement will apply and you could not be evicted for having a dog.
The old style Tenancy Agreement is considered by Rosindell, and this change to the Agreement necessary due to being 'outdated and unfair’ containing too-strict ''no pet’ clauses that many private and social landlords impose’ and setting out 'an alternative, streamlined system that will mean peace of mind for landlords, tenants and of course, the animals’.
Here is more information on this on the Government website, also called the Model Tenancy Agreement.
We have a template copy of this new stye of Agreement, you are welcome to request a copy to see how it differs from your current Agreement.
HOWEVER IT IS NOT YET LAW.
This will now move to a Bill in Parliament where a ‘responsible ownership test’ which could allow landlords to check for factors such as the pet being able to respond to basic commands (after a reasonable time period to give adopters the opportunity to train the dog), having up to date vaccinations, and being microchipped, could be part of the proposals put to the document that could become law. As we have all this and more as part of our adoption terms and conditions, we also welcome such developments.
Therefore, as a responsible rescue-
(New Agreement Tenants)
You still MUST apply in writing, and for us, send a copy (dated) of when you applied for proof so we can see when the 28 days is up.
The landlord can still deny you permission in 28 days but there must be a very good reason, such as a high rise on an upper floor with no safe garden, and/or next to a busy main road with no front gate (which is very similar criteria as good rescues!) based on the dog’s welfare.
And this, while being a step in the right direction, isn’t ‘legally binding’ (yes, the Tenancy Agreement template, old or new, isn’t legally binding,it is a Government set 'guideline', without money-most people don’t have-to go to court to to force landlords to fix the property or reply to genuine issues tenants may have.) So we will be carrying on with express permission to keep a pet being required before we can complete your application.
(Old Agreement Tenants)
Of course, if you’ve been in your place a while, you will not have this new Tenancy Agreement so
your landlord is not obliged to reply at all, let alone in 28 days
and unless your Agreement explicitly says you can have a pet, then no you can’t and we as the rescue can't adopt to you sadly, so you will need to have this approval before we approve/finalise any adoption and get your dog on the bus, or from the UK foster to your home.
Landlords are not currently obliged to use this new Agreement or tell you about this new Tenancy Agreement document either if you are already a resident. But should you have a dog with us and need to move home to a new property, you just follow our permissions process again with the new Tenancy Agreement document you will get, and ensure you have gone through the process as stated below to ensure your dog comes with you no matter where you rent. Make sure you send in the new permission letter too!
It’s also currently unclear:
whether landlords are obliged to provide you with a property that allows pets at present should you (for example) need temporary accommodation even if it is because the property needs extensive repairs that make it unsafe to live in while they are being undertaken, without full and express permission in writing to have a pet at the property you are currently in, especially if you do not have a New Standard Tenancy Agreement (yet!) so we advise you to ask about this provision and get a response in writing in your request for permission to have a pet.
whether cases of being evicted or rent rises for having a well behaved dog due to unreasonable landlord response will be legally retroactive (in other words, apply to issues tenants have/had before 28.01.2021), but it is unlikely. Before that date the onus was/is on you to pursue and obtain this permission from your landlord and not assume you had it. Anyone unfortunate enough to be stuck in this position at the moment, let alone in the past, we advise you to write to/email your MP citing Jasmine's Law. You could take your landlord to court, though we do not advise on legal matters in this instance. This gets 'precedence' established in law, and as the Bill will take time to get through (if it does), any cases coming to the courts or to the attention of MPs help the case for having the Bill pass. Not ideal? Yes we know. But it's the best on offer for now.
Whether you have an Old or New Standard Tenancy Agreement we as the rescue therefore still advise/require
applying by
post
and email
and a back up phone call due to Covid issues/delays
and make sure you write for permission before you apply for a pup and keep a copy of the letter/email for the rescue.
And as with any property, any damage your pet causes, or mess or noise issues, you will need to fix and pay for, and properties that allow pets are likely to be higher rents and higher deposits (legal limit on a deposit is 5 weeks advertised rent) as a result of this, if they aren’t already. And if your dog is not what the government are calling ‘well behaved’
then you may find your permissions, and even your tenancy, aren’t as secure as you thought they were.
We will update this blog as and when developments on Jasmine’s Law come in. #APetForEveryHome could be a reality (with reasonable rules) if there were more protections in place for pets and their owners, and we wish Mr Rosindell all the luck in the world pursuing this further and getting these protections enshrined in law for our rescue babies and all pets.