Can Landlord Refuse Psychiatric Assistance Dog In The UK?

Mar 08,2023

A psychiatric assistance dog, also known as a service dog, can be a vital tool for individuals who suffer from mental health disorders. These highly trained dogs can provide emotional support and assist their owners with daily tasks, helping to alleviate symptoms of anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health conditions. However, some landlords in the UK may refuse to allow service dogs on their properties, even when these animals are essential for the wellbeing of their owners. In this blog post, we will explore the legality of landlords refusing psychiatric assistance dogs in the UK and what individuals can do to protect their rights.

The Legal Landscape

Under the Equality Act 2010, landlords are required to make reasonable adjustments for individuals with disabilities, including allowing service animals to live in a rental property. This applies to all housing providers, including landlords, homeowners' associations, and apartment complexes. The Equality Act 2010 prohibits discrimination against individuals with disabilities and requires landlords to make reasonable accommodations for tenants who require a service animal.

The law defines a service animal as "any dog that has been trained to assist a disabled person" and requires landlords to make reasonable adjustments to their policies to accommodate service animals. This includes allowing service animals to live in rental properties, even if pets are not allowed under the lease agreement. Landlords are also prohibited from charging extra fees or deposits for service animals and cannot impose breed or weight restrictions.

Exceptions to the Rule

While the Equality Act 2010 provides protection for individuals with disabilities and their service animals, there are some exceptions to the rule. For example, a landlord may refuse to allow a service animal if the animal poses a direct threat to the health or safety of other tenants or would cause substantial physical damage to the property. In such cases, the landlord must be able to provide evidence to support their claim that the service animal poses a significant risk.

Enforcing Your Rights

If you believe that your landlord is not abiding by the law, you can take action. Contact the Equality Advisory Support Service (EASS) for advice, or contact your local Citizens Advice Bureau to discuss potential options. You may also consider contacting a lawyer who specializes in disability discrimination cases or filing a complaint with your local housing authority. 

It's important to note that if a landlord discriminates against you, they can be held liable for damages. The court can order a landlord to pay compensation or even make changes in the way they manage their property. It is important to remember that you have rights and there are people available to help you if your rights are not respected. You don't have to suffer in silence if you think your landlord is not treating you fairly.