Section 36 Scottish secure tenancies etc.: keeping petsI1I2

The Housing (Scotland) Act 2001 is modified as follows.

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. (a)

     personal interest (including as regards its welfare, treatment or training),

  2. (b)

     companionship,

  3. (c)

     ornamental purposes, or

  4. (d)

     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.”.

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.”.