Part 3

Keeping pets and making changes to let property

Private residential tenancies: keeping pets and making changes to let property
35
1
The 2016 Act is modified as follows.
2
After Part 5 (termination) insert—
Part 5A

keeping pets and making changes to let property
Chapter 1

Keeping pets

Tenant’s right to keep a pet
64A
1
A tenant under a private residential tenancy to which this Chapter applies may keep a pet (or pets) at the let property with the landlord’s consent (but see subsection (4)).
2
The landlord’s consent may not be unreasonably refused (see also section 64E).
3
Where a landlord has consented to the keeping of a pet by the tenant at the let property, the tenant may keep the pet at the let property until the end of the tenancy subject to any reasonable conditions imposed by the landlord in connection with the consent to keep the pet.
4
A tenant under a private residential tenancy may keep a pet at the let property without the consent of the landlord if the terms of the tenancy allow the tenant to do so without such consent.
5
This Chapter applies to a private residential tenancy if the term mentioned in paragraph 9 of schedule 2 is a statutory term of the tenancy.
6
In this Chapter—
- “animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976,
- “pet” means an animal kept by a person mainly for—
  1. personal interest (including as regards its welfare, treatment or training),
  2. companionship,
  3. ornamental purposes,
  4. any combination of paragraphs (a) to (c).

Consent to keep a pet
64B
1
A request by a tenant for the landlord’s consent under section 64A(1) to keep a pet must—
a
be in writing, and
b
fulfil any other requirements prescribed by the Scottish Ministers in regulations.
2
The landlord must, within a period of 30 days beginning with the day on which the request is received, give the tenant notice that the landlord—
a
consents to the tenant keeping the pet at the let property with or without conditions, or
b
refuses to consent to this.
3
The landlord’s notice must—
a
specify any such conditions,
b
give reasons for any refusal of consent,
c
be in writing, and
d
fulfil any other requirements prescribed by the Scottish Ministers in regulations.
4
Any conditions specified in the landlord’s notice must be reasonable (see also section 64F).
5
If notice is not given in accordance with subsection (2), the landlord is to be deemed to have refused consent.

Restrictions on keeping a pet: right of appeal
64C
1
A tenant may appeal to the First-tier Tribunal against—
a
where the tenant was given notice in accordance with section 64B(2)—
i
any condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable,
ii
any refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, or
b
where the tenant considers that section 64B(5) applies, the deemed refusal of consent.
2
Before making the appeal, the tenant must give the landlord notice of—
a
the tenant’s intention to make it, and
b
whether the appeal will be against—
i
one or more consent conditions and, if so, which, or
ii
a refusal of consent (including any deemed refusal).
3
The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations.
4
The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with—
a
where the tenant intends to appeal under subsection (1)(a)—
i
the day on which the tenant was given notice in accordance with section 64B(2), or
ii
where no such notice was given within the period required by the section, the expiry of that period,
b
where the tenant intends to appeal under subsection (1)(b), the day on which consent is deemed to have been refused under section 64B(5).
5
The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2).
6
The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that—
a
notice of the tenant’s intention to appeal was not given to the landlord in accordance with this section,
b
the appeal was not made within the period required by subsection (5).

Restrictions on keeping a pet: decisions on appeal
64D
1
Subsection (2) applies in relation to an appeal under section 64C(1)(a)(i) against one or more consent conditions.
2
If the First-tier Tribunal decides that—
a
any such condition is unreasonable, it may make a consent order,
b
each such condition is reasonable, it may dismiss the appeal.
3
Subsection (4) applies in relation to an appeal under section 64C(1)(a)(ii) against a refusal of consent.
4
If the First-tier Tribunal decides that—
a
the refusal is unreasonable, it may make a consent order,
b
the refusal is reasonable, it may dismiss the appeal.
5
Subsection (6) applies in relation to an appeal under section 64C(1)(b) against a deemed refusal of consent.
6
If the First-tier Tribunal—
a
is satisfied that the landlord in question is deemed to have refused such consent and decides that—
i
the deemed refusal is unreasonable, it may make a consent order,
ii
the deemed refusal is reasonable, it may dismiss the appeal,
b
is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal.
7
In this section, a “consent order”, in relation to an appeal by a tenant under section 64C(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant keeping the pet to which the appeal relates at the let property with or without such conditions as the First-tier Tribunal may specify.

Power to make provision about when it is reasonable to refuse consent to keep a pet
64E
1
For the purpose of section 64A(2), the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to a tenant keeping a pet at a let property.
2
Regulations under subsection (1) may in particular specify—
a
circumstances in which it is or is not reasonable to refuse such consent,
b
factors that tend to show that the refusal of such consent is or is not reasonable.
3
The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.
4
If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

Power to make provision about when a consent condition for keeping a pet is reasonable
64F
1
For the purpose of section 64B(4), the Scottish Ministers may by regulations make provision about when a condition specified in a landlord’s notice is reasonable.
2
Regulations under subsection (1) may in particular specify—
a
circumstances in which a condition, or type of condition, is or is not reasonable,
b
factors that tend to show that a condition is or is not reasonable.
3
The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.
4
If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

Regulations under sections 64E and 64F: consultation
64G
Before laying a draft of a Scottish statutory instrument containing regulations under section 64E or 64F before the Scottish Parliament, the Scottish Ministers—
a
must consult persons who appear to them to represent the interests of tenants and landlords, and
b
may consult any other person they consider appropriate.
Chapter 2

Making changes to let property

Tenant’s right to make changes to let property
64H
1
A tenant under a private residential tenancy to which this Chapter applies may—
a
make a category 1 change to the let property without the consent of the landlord,
b
make a category 2 change to the let property if—
i
the change is made at least 6 months after the start of the tenancy, and
ii
the tenant has the landlord’s consent to make the change (but see subsection (4)).
2
The landlord’s consent to make a category 2 change may not be unreasonably refused (see also section 64M).
3
Where a tenant makes a category 1 change or a category 2 change to a let property in accordance with this Chapter, any costs incurred by the tenant in making the change are to be met by the tenant unless the landlord agrees otherwise.
4
A tenant under a private residential tenancy may make a category 2 change at any time to the let property without the consent of the landlord if the terms of the tenancy allow the tenant to make the change at that time without such consent.
5
This Chapter applies to a private residential tenancy if the term mentioned in paragraph 10 of schedule 2 is a statutory term of the tenancy.
6
In this Chapter—
a
a “category 1 change” or “category 2 change”, in relation to a let property of a particular type, means a change or kind of change that is categorised as such in regulations under section 64L and which applies in relation to a let property of that type,
b
a reference to making any such change (however described) includes arranging for the change to be made.

Consent for category 2 changes
64I
1
A request by a tenant for the landlord’s consent under section 64H(1) to make a category 2 change must—
a
be in writing, and
b
fulfil any other requirements prescribed by the Scottish Ministers in regulations.
2
The landlord must, within a period of 30 days beginning with the day on which the request was received, give the tenant notice that the landlord—
a
consents to the tenant making the category 2 change to the let property with or without conditions, or
b
refuses to consent to this.
3
The landlord’s notice must—
a
specify any such conditions,
b
give reasons for any refusal of consent,
c
be in writing, and
d
fulfil any other requirements prescribed by the Scottish Ministers in regulations.
4
Any conditions specified in the landlord’s notice must be reasonable (see also section 64N).
5
If notice is not given in accordance with subsection (2), the landlord is deemed to have refused consent.

Restrictions on category 2 changes: right of appeal
64J
1
A tenant may appeal to the First-tier Tribunal against—
a
where the tenant was given notice in accordance with section 64I(2)—
i
any condition specified in the notice (“consent condition”) on the ground that the condition is unreasonable,
ii
any refusal of consent mentioned in the notice on the ground that the refusal is unreasonable, or
b
where the tenant considers that section 64I(5) applies, the deemed refusal of consent.
2
Before making the appeal, the tenant must give the landlord notice of—
a
the tenant’s intention to make it, and
b
whether the appeal will be against—
i
one or more consent conditions and, if so, which, or
ii
a refusal of consent (including any deemed refusal).
3
The tenant’s notice under subsection (2) must fulfil any other requirements prescribed by the Scottish Ministers in regulations.
4
The tenant’s notice under subsection (2) must be given to the landlord within a period of 42 days beginning with—
a
where the tenant intends to appeal under subsection (1)(a)—
i
the day on which the tenant was given notice in accordance with section 64I(2), or
ii
where no such notice was given within the period required by the section, the expiry of that period,
b
where the tenant intends to appeal under subsection (1)(b), the day on which the landlord is deemed to have refused consent under section 64I(5).
5
The appeal must be made within a period of 42 days beginning with the day on which the tenant gave notice to the landlord under subsection (2).
6
The First-tier Tribunal may dismiss an appeal under this section if it is satisfied that—
a
notice of the tenant’s intention to appeal was not given to the landlord in accordance with this section,
b
the appeal was not made within the period required by subsection (5).

Restrictions on category 2 changes: decisions on appeal
64K
1
Subsection (2) applies in relation to an appeal under section 64J(1)(a)(i) against one or more consent conditions.
2
If the First-tier Tribunal decides that—
a
any such condition is unreasonable, it may make a consent order,
b
each such condition is reasonable, it may dismiss the appeal.
3
Subsection (4) applies in relation to an appeal under section 64J(1)(a)(ii) against a refusal of consent.
4
If the First-tier Tribunal decides that—
a
the refusal is unreasonable, it may make a consent order,
b
the refusal is reasonable, it may dismiss the appeal.
5
Subsection (6) applies in relation to an appeal under section 64J(1)(b) against a deemed refusal of consent.
6
If the First-tier Tribunal—
a
is satisfied that the landlord in question is deemed to have refused such consent and decides that—
i
the deemed refusal is unreasonable, it may make a consent order,
ii
the deemed refusal is reasonable, it may dismiss the appeal,
b
is not satisfied that the landlord is deemed to have refused consent, it may dismiss the appeal.
7
In this section, a “consent order”, in relation to an appeal by a tenant under section 64J(1), means an order requiring the landlord to give the tenant notice that the landlord consents to the tenant making the category 2 change to which the appeal relates with or without such conditions as the First-tier Tribunal may specify.

Power to specify changes to a let property that may be made by the tenant
64L
1
For the purposes of section 64H(6)(a), the Scottish Ministers may by regulations specify one or more changes (or kinds of change) to a property let under a private residential tenancy.
2
Regulations under subsection (1) must categorise each specified change or kind of change as either—
a
a category 1 change, or
b
a category 2 change.
3
Regulations under subsection (1) may provide that a category 1 change or a category 2 change—
a
applies only in relation to property of a particular type or description, or
b
does not apply in relation to property of a particular type or description.
4
The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.
5
If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

Power to make provision about when it is reasonable to refuse consent for a category 2 change
64M
1
For the purpose of section 64H(2), the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to the making of a category 2 change to a let property.
2
Regulations under subsection (1) may in particular specify—
a
circumstances in which it is or is not reasonable to refuse such consent,
b
factors that tend to show that the refusal of such consent is or is not reasonable.
3
The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.
4
If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

Power to make provision about when a consent condition for a category 2 change is reasonable
64N
1
For the purpose of section 64I(4), the Scottish Ministers may by regulations make provision about when a condition specified in a landlord’s notice is reasonable.
2
Regulations under subsection (1) may in particular specify—
a
circumstances in which a condition, or type of condition, is or is not reasonable,
b
factors that tend to show that a condition is or is not reasonable.

Regulations under sections 64L, 64M and 64N: consultation
64O
Before laying a draft of a Scottish statutory instrument containing regulations under section 64L, 64M or 64N before the Scottish Parliament, the Scottish Ministers—
a
must consult persons who appear to them to represent the interests of tenants and landlords, and
b
may consult any other person they consider appropriate.
.
3
In schedule 2 (statutory terms required by section 8), after paragraph 8 insert—
9
The tenant may keep pets at the let property in accordance with Chapter 1 of Part 5A.
10
The tenant may make changes to the let property in accordance with Chapter 2 of Part 5A.
.

Scottish secure tenancies etc.: keeping pets
36
1
The Housing (Scotland) Act 2001 is modified as follows.
2
After section 31 insert—

Keeping pets

Tenant’s right to keep a pet
31A
1
It is a term of every Scottish secure tenancy that the tenant may keep a pet (or pets) at the house with the consent in writing of the landlord, which must not be unreasonably withheld (but see subsection (3)).
2
The provisions of Part 1A of schedule 5 have effect as terms of every Scottish secure tenancy (but see subsection (3)).
3
The terms of a Scottish secure tenancy that have effect by virtue of subsections (1) and (2) may be modified by a landlord so that, under the terms of the tenancy, the tenant may keep a pet at the house without the consent of the landlord.
4
In this section, sections 31B and 31C and Part 1A of schedule 5—
- “animal” does not include a dangerous wild animal within the meaning given by section 7(4) of the Dangerous Wild Animals Act 1976,
- “pet” means an animal kept by a person mainly for—
  1. personal interest (including as regards its welfare, treatment or training),
  2. companionship,
  3. ornamental purposes, or
  4. any combination of paragraphs (a) to (c),
- “tenant”, in the case of a joint tenancy, does not include the other joint tenant or tenants.

Power to make provision about when a consent condition for keeping a pet is reasonable
31B
1
For the purpose of paragraph 8C(b) of schedule 5, the Scottish Ministers may by regulations make provision about when a condition mentioned in that paragraph (to which consent to keep a pet is subject) is reasonable.
2
Regulations under subsection (1) may in particular specify—
a
circumstances in which a condition, or type of condition, is or is not reasonable,
b
factors that tend to show that a condition is or is not reasonable.
3
The Scottish Ministers must, as soon as reasonably practicable after the day on which subsection (1) takes effect, lay before the Scottish Parliament a draft Scottish statutory instrument containing the first regulations under that subsection.
4
If the Scottish Parliament approves the draft Scottish statutory instrument, the Scottish Ministers must make the regulations contained in the draft instrument.

Power to make provision about when it is reasonable to refuse consent to keep a pet
31C
1
For the purpose of paragraph 8C(c) of schedule 5, the Scottish Ministers may by regulations make provision about when it is reasonable for a landlord to refuse to consent to a tenant keeping a pet at a house.
2
Regulations under subsection (1) may in particular specify—
a
circumstances in which it is or is not reasonable to refuse such consent,
b
factors that tend to show that the refusal of such consent is or is not reasonable.

Regulations under sections 31B and 31C: consultation
31D
Before laying a draft of a Scottish statutory instrument containing regulations under section 31B or 31C before the Scottish Parliament, the Scottish Ministers—
a
must consult persons who appear to them to represent the interests of tenants and landlords affected by the regulations, and
b
may consult any other person they consider appropriate.
.
3
In schedule 5, after Part 1 insert—
Part 1A

Keeping pets
8A
A tenant under a Scottish secure tenancy who wishes to keep a pet at the house may make a written application to the landlord for the landlord’s consent, giving details of the pet.
8B
The application must fulfil any other requirements prescribed by the Scottish Ministers in regulations.
8C
The landlord may—
a
consent,
b
consent subject to such reasonable conditions as the landlord may impose, or
c
refuse consent, provided that it is not refused unreasonably.
8D
Any condition imposed by the landlord must comply with regulations under section 31B.
8E
A refusal of consent by the landlord must comply with regulations under section 31C.
8F
The landlord must intimate its consent or refusal, any conditions imposed and, in the case of refusal, the reasons for the refusal, to the tenant in writing within a period of one month beginning with the day on which the application was received.
8G
Where a landlord consents to the tenant keeping the pet at the house the tenant may keep the pet at the house until the end of the tenancy subject to any reasonable conditions imposed by the landlord in connection with the consent to keep the pet.
8H
If the landlord fails to comply with paragraph 8F, it is to be taken to have consented to the application.
.