would a 'No Pets' clause in a lease apply to Therapy Dogs?

I would approach the Management company and the directors of this block of flats to see if they regard guide dogs as pets.

Interesting post and promises to be controversial I think. These 'support creatures' are animals after all and they will make noises, defecate and urinate just the same as their 'non-working' cousins.
I refer to them as creatures because I have seen parrots and a pony trained as support companions as well as dogs.

There’s a simple answer to this. The Equality Act 2010 makes it unlawful for landlords and agents to refuse prospective tenants with guide dogs, on the grounds of 'no pets allowed'.

Guide dogs are not therapy pets. They are assistance dogs.

Support pets are different again from therapy pets.

According to the EHR it is discriminatory if someone is prevented from doing an everyday thing which other people take for granted.

www.equalityhumanrights.com/sites/default/files/assistance-dogs-a-guide-for-all-businesses.pdf

Apologies for using the term Therapy animals - I was really seeking advice regarding assistance dogs for the blind. BUT....would be useful to know how this would be effective with regard to the whole range of both Assistance and Therapy animals

I am the secretary of a voluntary Management Committee for a block of owner-occupied flats. I heard of another local flats, also with a no pets clause, which was faced with this query, when one of the flats up for sale was viewed by a lady accompanied by her Assistance Dog.

Has not been something our flats have (as yet) ever come across, but I like to be knowledgeable in advance.

SueDonim many thanks for that website, that has directed me to where I could get definite advice.

It seems the law on allowing pets or not will be changing anyway
Responsible tenants with well-behaved pets will be able to secure leases more easily through the new Model Tenancy Agreement announced by the government today (28 January 2021)
Under the new Model Tenancy Agreement, announced by Housing Minister Rt Hon Christopher Pincher MP, landlords will no longer be able to issue blanket bans on pets by default
Instead, consent for pets will be the default position, and landlords will have to object in writing within 28 days of a written pet request from a tenant and provide a good reason.
Currently, just 7% of private landlords advertise pet friendly properties, meaning many people struggle to find suitable homes. In some cases, this has meant people have had to give up their pets all together.
The Model Tenancy Agreement is the government’s recommended contract for landlords. With figures showing that more than half of adults in the United Kingdom own a pet and many more welcoming pets into their lives during the pandemic, these changes mean more landlords will cater for responsible pet owners
Under the new agreement, rejections should only be made where there is good reason, such as in smaller properties or flats where owning a pet could be impractical. To ensure landlords are protected, tenants will continue to have a legal duty to repair or cover the cost of any damage to the propert.
Housing Minister Rt Hon Christopher Pincher MP said
“We are a nation of animal lovers and over the last year more people than ever before have welcome pets into their lives and homes”
“But it can’t be right that only a tiny fraction of landlords advertise pet friendly properties and in some cases people have had to give up their beloved pets in order to find somewhere to live”.
“For those who choose to use the revised Model Tenancy Agreement, we are bringing an end to the unfair default blanket ban on pets introduced by some landlords. This strikes the right balance between helping more people find a home that’s right for them and their pet while ensuring landlords’ properties are safeguarded against inappropriate or badly behaved pets”

Further information
^Find the Model Tenancy Agreement published on GOV.UK
Figures on pet ownership taken from The People’s Dispensary for Sick Animals (PDSA), February 2020^

The Model Tenancy Agreement is intended for use in England

The only way to find out is by asking the people responsible for enforcing the terms of theblease.

The Model Tenancy Agreement is confusing because it says:
Responsible tenants with well-behaved pets will be able to secure leases more easily through the new Model Tenancy Agreement announced by the government today (28 January 2021).
However, when you look at the Model Tenancy Agreement itself it says:
A model tenancy agreement for use in the private rented sector where a shorthold tenancy is being entered into, and accompanying guidance.

So which is it, people buying leasehold properties or people renting properties? The government website seems to contradict itself.

If it were a trained assistance dog, then the law would uphold the resident’s right to keep the dog if there were a dispute. Therapy or emotional support animals have no standing in U.K. law and the management company could refuse a request for someone who wanted a pet for emotional reasons, even if it were from someone with, say, a diagnosed metal condition. An assistance dog is trained specifically to assist the owner to complete everyday tasks , like going down stairs safely. It will be trained not to bark unnecessarily, it would not be running around communal,areas. An emotion support animal could be any pet not specifically trained. I am familiar with this as I am on a management company of a small private estate with a no dogs rule, and this was challenged a couple of years ago by a resident who wanted a pet dog and claimed it was for essential emotional support, which was refused. We did take legal advice.

M0nica

The only way to find out is by asking the people responsible for enforcing the terms of theblease.

Monica that is myself as Director of the Management Company and the other flat owners.

Vegansrock thank you for your post. That is exactly the sort of information I was trying to get. Must say, I had a feeling that a proper Assistance Dog (ie Guide Dog). would be confirmed as having a legal right to accompany a flat owner, regardless of any NO PETS clause laid down.

I had not realised that Therapy Animals did not come under the same legality.

The Disability Discrimination Act states that an organisation must make reasonable adjustments for a disabled person - a blind person having a guide dog would come under this rule - a guide dogs are often the exception in shops etc which state “no dogs except guide dogs”, so this would have to be allowed in your estate, however, you could make it clear to other residents that pet dogs were still not permitted.

It looks to me like:
a) The landlord/freeholder/management company of a block of privately owned leasehold flats can refuse pets as per the lease regulations but cannot refuse a leaseholder having guide dogs.
b) The owner who rents out their property must allow their tenants to have pets as per the Model Tenancy Agreement.

So how does that work if a leaseholder from (a) decides to rent their flat to a tenant? They come under both. They are bound by the lease regulations in (a) but they are also renting to a tenant (b).

Franbern I would just stick with the guide dogs, and if a leaseholder wants to rent their flat to someone with a dog then go with the lease regulations and hope they don't bring up the Model Tenancy Agreement.

Just to add, it can't possibly be right that the other leaseholders can't keep pets but the one who is renting a flat can have a pet!

We discourage the renting of our flats at all. Only once been permitted in the forty years history of the block. So, do not think this Model Tenancy Agreement is really going to concern us.

How so Franbern? Unless the lease prohibits it you cannot stop someone buying a leasehold flat and then renting it out. You have no control over who buys the flats.

Lease prohibits it without express permission (in unusual circumstances) from the Management Company.