Among upcoming changes to residential lettings this year may be rules about keeping pets in rental properties
When the Scottish Government announces new proposals on residential lettings later this year, one possible change may allow tenants to keep pets in a rented property as standard. It’s welcome news for animal lovers but maybe less so for landlords reluctant to open their doors to dogs, cats or other pets.
The change would bring Scotland rentals more into line with England, where landlords can no longer put a blanket ban on pets. If it does happen, it’s likely that, as in England, there will be some protections in place for landlords, for example around responsible pet ownership and animals being well behaved.
Other issues that featured in the consultation in Scotland included giving tenants a default right to make certain minor modifications to a property such as painting walls.
The wider lettings landscape
The points above are part of a wider review into residential lettings, and as many landlords will know, this sector has changed greatly in the past few years, with the balance shifting more towards the rights of tenants. This shift resulted from Covid legislation in 2020, with subsequent legislation in 2022 retaining some of those emergency tenant protections.
Two issues in particular have shifted over the past few years:
1. Terminating a tenancy
Landlords used to be able to rely on certain grounds (such as rent arrears) to obtain an eviction order without needing to justify their decision. However, since October 2020, landlords have had to prove to the Tribunal that an eviction order would be reasonable.
2. Rent increases
Currently, landlords are prohibited from raising rent by more than 6% in any part of Scotland. This restriction lasts only until 31 March 2024, but the government may then put in place alternative restrictions limiting increases in certain parts of Scotland or across the whole country.
Those changes certainly apply for the foreseeable future, and we will watch carefully what happens to them in any new proposals in 2024. The Scottish Government’s new proposals on residential lettings are expected to be announced this spring.
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