Research by a Northumbria
University law lecturer is being used to support a campaign calling for new
legislation to keep pets and people together in housing.
Debbie
Rook, from Northumbria Law School, is an expert in animal law and ethics. Her
research has investigated why thousands of people living in rented housing in
the UK are denied the opportunity to live with pets. She has also looked at why
others are forced to give away companion animals when their circumstances
change, and they move into rented housing that prohibits pets.
Rook
explained: “Many pet owners see their companion animal as part of the family
and are devastated at having to give them up for rehoming or euthanasia.
Elderly pet owners and those with mental illness are especially susceptible as
they are more likely to need to move into sheltered accommodation, the majority
of which adopt ‘no pet’ policies.”
Rook’s
recent article ‘For the Love of Darcie:
recognising the human-companion animal relationship in housing law and policy’
(2018) Liverpool Law Review, Vol.39, Issue 1-2, p.29-46 https://link.springer.com/article/10.1007/s10991-018-9209-y shows how Society
benefits from the human-companion animal relationship in the form of healthier,
less isolated people with better social networks. Yet in the key area of
housing, the law does nothing to protect or even recognise this relationship.
Rook
argues there are strong legal arguments (in human rights law and consumer
rights law) to support legislation that prohibits the use of ‘no pet’ covenants
in residential leases. Such legislation exists in other countries including
France (since the 1970s) and parts of Canada. This legislation prohibits the
use of ‘no pet’ covenants but seeks to protect the rights of landlords and
other tenants by including exceptions (e.g. pets who are a nuisance or cause
severe allergic reactions may be excluded) and allowing additional ‘pet
deposits’ to cover the cost of any damage to property caused by the pet (which
in practice is rare).
As home
ownership decreases in the UK, more and more people are affected by ‘no pet’
covenants in leases and are being denied the opportunity to enjoy the
substantial benefits of living with a companion animal.
A
petition has been started that relies on Rook’s research to call on the
Scottish Parliament to debate the need for legislation to ban the use of ‘no
pet’ covenants in residential leases and care homes. The issue was recently
highlighted in the Scottish media when in 2017 Mr Robert Harvey, an 87-year old
Scottish man was told to give up his 10-year old dog, Darcie, for rehoming or
face eviction from his care home. For the love of Darcie he chose to move out
of the care home even though this meant sacrificing better security, care and a
sense of community he shared with the other residents in the home. Had he lived
in France, the housing laws would have protected him from this stressful event.
Rook
added: “This petition is a fantastic opportunity to bring an important issue
into the limelight and get it debated in the Scottish Parliament. It needs 100,000 signatures by 10th October 2018 so please sign and share this petition. If a law is passed
in Scotland, it will set a precedent for the rest of the UK so anyone who wants
to keep pets and people together in housing should sign the petition wherever
they live in the UK.”
PE01706: Introduce a law to allow pets in rented andsupported accommodation - Getting Involved: Scottish Parliament
