Since the turn of the year, the forthcoming ‘XL bully ban’ has attracted media attention. Now, with changes to the legislation set to be enforced from 1st August 2024, we explore how the new rules may impact landlords and tenants in the Private Rented Sector (PRS).
In January 2024, the Scottish Government announced a two-stage approach to legal safeguards on XL Bully dogs would be implemented under The Dangerous Dogs (Designated Types) (Scotland) Order 2024 (‘The 2024 Order’). The breed has also been added to the list of dangerous dogs under the Dangerous Dogs Act 1991.
From 23rd February 2024, it has been a criminal offence to sell, breed, gift, abandon or exchange an XL Bully dog and owners must ensure dogs are muzzled and kept on a lead in public spaces.
The second stage will take effect from 1st August 2024. From then it will be a criminal offence to own an XL Bully, unless an exemption certificate has been obtained, which owners must apply for by 31st July. Owners risk a fine up to £5,000, six months’ imprisonment or both for breaching the new rules.
Tenant with an XL Bully?
The Model PRT does not prohibit Dangerous Dogs under the 1991 Act as standard, however, there is a general provision prohibiting keeping pets without prior written permission. Therefore, if you have given your tenant permission to keep a dog, which is an XL bully, and the required exemption certificate is obtained, the tenant is not in breach of the tenancy agreement nor committing a criminal offence. Conversely, if your specific tenancy agreement explicitly prohibits dogs under the 1991 Act and no exemption is obtained, this will amount to a breach and criminal offence.
Of course, other pets and dog breeds can lead to reports of anti-social behaviour. It is foreseeable that neighbours may report concerns if an XL bully is noticed in or around a tenancy. Landlords should investigate concerns and monitor suspected anti-social behaviour in the usual manner. It appears reasonable for concerned landlords to request a copy of the relevant exemption certificate.
The Scottish Government has set out a conformation standard to define an XL Bully, which can be read here.
