For many individuals, emotional support dogs provide more than companionship- they offer stability, emotional well-being, and reassurance in their daily lives.
But when it comes to renting a property, navigating the legal and practical challenges of living with an emotional support animal (ESA) can be a complex task, especially outside the United States.
In today’s article, we’ll take a closer look at what tenants need to know when renting with an emotional support dog in the UK and Europe, and how that compares to ESA protections in the US.
What Is an Emotional Support Animal?
Let’s first clarify what an ESA is, since that’s the foundation of the rights, responsibilities, and expectations surrounding emotional support animals in rental housing.
An emotional support dog is a pet that helps their owner manage mental health conditions such as anxiety, depression, PTSD, or phobias. Unlike service dogs, which are trained to perform specific tasks directly related to disabilities, emotional support dogs do not require specialized training.
ESAs typically undergo basic obedience and socialization only, especially when they are dogs, and are prescribed by a licensed healthcare provider.
How to Obtain an ESA?
To obtain an ESA, or simply put, to have your pet recognized as a companion animal, you need medical documentation, also known as a medical letter, that confirms your need for one.
This letter can be provided by licensed health professionals such as psychiatrists, psychologists, social workers, nurses, etc. You may want to know that your GP is also eligible to issue medical documentation for an ESA.
If you’re wondering how much detail about your health condition the letter should include, rest assured! Medical letters are not supposed to reveal personal details, especially disability-related information. They serve as proof that the licensed health professional who has issued the letter is familiar with the individual’s disability and that they recommend a companion animal as part of their treatment.
Medical letters can be issued for service/assistance dogs as well, especially for psychiatric service dogs.
Legal Status of Emotional Support Animals in the UK
In the United Kingdom, emotional support animals (ESAs) currently have no formal legal status. This means they are not covered under the Equality Act 2010, which specifically protects the rights of people with disabilities and their assistance dogs, including but not limited to guide dogs, medical alert dogs, and psychiatric assistance dogs.
However, as awareness around mental health grows and the human–animal bond gains wider recognition, there are a few important considerations for ESA owners navigating the rental market.
Rental Agreements & Landlord Discretion
Most tenancy agreements in the UK still include "no pets" clauses, which can make securing accommodation with an ESA difficult. However, landlords are legally allowed to make exceptions, and some do so, particularly when tenants prove that the animal is well-behaved and essential for their mental well-being.
Changes Toward Pet-Friendly Housing
In 2021, the UK government introduced a new Model Tenancy Agreement, which discourages blanket "no pets" policies and encourages landlords to consider pet ownership more reasonably.
While this agreement is not legally binding, it’s a recommended template for private landlords and agents in England and reflects an ongoing cultural shift toward more pet-inclusive policies.
You may want to review the New standard tenancy agreement to help renters with well-behaved pets.
“Responsible tenants in England with well-behaved pets will be able to secure leases more easily through a new standard tenancy agreement”.
“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 altogether”.
“A Tenant must seek the prior written consent of the Landlord should they wish to keep pets or other animals at the Property. A Landlord must not unreasonably withhold or delay a written request from a Tenant without considering the request on its own merits. The Landlord should accept such a request where they are satisfied the Tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept. Consent is deemed to be granted unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request. A Landlord is prohibited from charging a fee to a Tenant who wishes to keep pets or other animals at the Property. Permission may be given on the condition that the Tenant pays an additional reasonable amount towards the deposit, but the deposit must not breach the deposit cap requirements under the Tenant Fees Act 2019 (see section B10).”
Human Rights & Disability Protections
While emotional support animals (ESAs) do not have legal recognition under UK laws, tenants who rely on ESAs due to clinically diagnosed disabilities may find some limited legal protections under broader disability rights legislation, such as the Equality Act 2010.
The Equality Act 2010 is designed to protect individuals with disabilities from discrimination in various areas, including housing. Under this act, landlords and housing providers are prohibited from discriminating against tenants who have disabilities, and they are required to make reasonable adjustments to accommodate their needs, where it is feasible and does not cause undue hardship.
This could include making allowances related to pets, such as an emotional support dog, if the animal plays an important role in helping the tenant manage their disability.
If you are a tenant in the UK who depends on an emotional support animal to help with a diagnosed disability, there are certain conditions under which you might be able to request that your landlord allow the ESA despite typical "no pets" policies.
However, you need to show that you have a disability as defined by the Equality Act. This usually means a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.
What Can Tenants Do?
To improve their chances of getting approval for an emotional support dog, tenants may consider providing:
-A letter from a licensed mental health professional explaining the therapeutic role of the animal.
-Evidence of responsible pet ownership, such as:
- Vet records and vaccination certificates.
- Training or obedience class certificates.
- A “pet CV” detailing your pet’s temperament, routine, and behavior.
- References from previous landlords, if available.
Additionally, tenants should display a willingness to cover any potential damage their pet may cause.
It's important to remain open and respectful in discussions with landlords, as the decision is ultimately at their discretion.
ESA owners should also clearly explain that their animal helps them manage symptoms related to their disability or enables them to maintain daily functioning and independence.
Furthermore, tenants would need to make a convincing case that denying the presence of their ESA would significantly harm their mental health or reduce their ability to live independently.
In such cases, refusing to allow the ESA could potentially be seen as indirect discrimination, where a seemingly neutral policy may disadvantage someone with a disability.
However, it’s essential to note that this protection is not absolute or automatic. ESAs are not formally recognized under UK law in the same way as assistance animals are. Assistance dogs undergo specialized training and are entitled to public access and housing. That said, landlords are not legally obligated to accept ESAs in every case.
In many cases, resolving disputes around ESAs in rental housing may require seeking advice and support from a solicitor or legal advisor experienced in disability discrimination law.
Additionally, ESA owners may find assistance from housing authorities or the Equality and Human Rights Commission.
Legal Status of Emotional Support Animals (ESAs) in the European Union
The European Union does not have unified laws explicitly recognizing or protecting emotional support animals (ESAs) across all member states. Unlike service/assistance dogs, which are often covered under disability rights legislation, ESAs generally lack specific legal status at the EU level.
ESA recognition and protections may vary significantly between EU countries, and most member states lack formal legal frameworks for ESAs.
Emotional support animals are often viewed as pets in many jurisdictions, which means that they do not enjoy the same rights as assistance dogs trained to perform specific tasks directly related to a health condition.
In terms of housing, in most EU countries, landlords and public settings are not legally required to accommodate ESAs.
Some countries may have disability discrimination laws that could, in theory, support ESA accommodation if the person’s emotional support animal is part of a documented mental health treatment plan. However, this is rare and often dependent on the landlord’s or institution’s discretion.
Legal Status of Emotional Support Animals (ESAs) in the US
While emotional support animals (ESAs) are not protected under the Americans with Disabilities Act and are not entitled to public access, they enjoy protection under the Fair Housing Act in the US. This means housing providers must make reasonable adjustments to accommodate a tenant with their Emotional Support Animal.
Under the Fair Housing Act, an assistance animal is “an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.
Obligations of Housing Providers
Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions.
Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling”.
Renting with an emotional support dog in the UK and Europe can be challenging, especially compared to the more established legal protections in the US. However, as mental health awareness continues to grow and attitudes in society shift, the landscape is also changing, offering hope for more inclusive housing policies in the future.
