Tenant pet requests: how to decide and respond

Why it matters

Failure to comply with the new pet provisions can lead to disputes, potential tribunal action, and reputational damage. Unreasonable refusal could result in the tenant applying to the First-tier Tribunal, which may grant permission and potentially order compensation. Understanding and adhering to these rules protects landlords from legal challenges and helps maintain positive landlord-tenant relationships, reducing void periods and tenant turnover.

Legal requirements

• Landlords must not unreasonably refuse a tenant's request to keep a pet.
• Any refusal must be provided in writing and state clear, reasonable grounds for the decision.
• Landlords must respond to a pet request within 42 days of receiving it, unless a longer period is mutually agreed in writing.
• A condition can be attached to the consent, requiring the tenant to obtain pet insurance for any damage the pet may cause to the property.
• The tenancy agreement must reflect the new pet rules and cannot impose a blanket ban on pets.
• Landlords cannot charge additional fees or increase the rent solely for giving permission for a pet, other than potentially requiring pet insurance.
• If the landlord fails to respond within 42 days, or the agreed extension, permission is deemed to have been granted.
• Where a landlord refuses a request, the tenant has the right to apply to the First-tier Tribunal.
• Landlords must consider the specific pet and property circumstances, not apply a general policy.
• In Scotland, different rules apply under the Private Housing (Tenancies) (Scotland) Act 2016, where 'no pets' clauses are generally enforceable unless deemed unfair.

Common mistakes

• Imposing a blanket 'no pets' clause in the tenancy agreement, which is no longer permissible.
• Failing to respond to a pet request within the statutory 42-day timeframe, leading to deemed consent.
• Refusing a pet request without clear, justifiable, and demonstrable reasonable grounds.
• Charging an additional pet deposit or an increased rent as a condition for allowing a pet.
• Not documenting the pet request, the decision, and the reasons for refusal or consent.
• Applying a blanket 'no large dogs' or 'no cats' policy without considering individual circumstances.
• Ignoring the potential for assistance animals, which have additional protections under equality legislation.
• Delaying in seeking advice or further information from the tenant about the pet, which can exhaust the response timeframe.

Practical guidance

• Update your tenancy agreement templates to comply with the Renters' Rights Act 2025 regarding pets.
• Upon receiving a pet request, acknowledge it in writing, noting the date received to track the 42-day response period.
• Gather all necessary information about the pet, including type, breed, size, age, and temperament, by requesting details from the tenant.
• Assess the suitability of the pet for the specific property, considering factors like property size, garden access, and any communal areas.
• Review any head lease or superior lease terms if applicable, as these might restrict pets and provide reasonable grounds for refusal.
• Consider the impact on neighbours, especially in flats or terraced properties, balancing this with the tenant's right.
• If considering refusal, ensure your reasons are genuinely reasonable, objective, and can be clearly articulated and justified.
• Communicate your decision in writing to the tenant within 42 days, providing clear reasons for any refusal or conditions for consent.
• If granting permission, ensure the tenancy agreement or an addendum specifies any agreed conditions, such as obtaining pet insurance.
• Keep detailed records of all communications, assessments, and decisions related to pet requests.

The Renters' Rights Act 2025 and Pets

The Renters' Rights Act 2025 fundamentally alters the approach to pets in rented accommodation. Previously, landlords could enforce a strict 'no pets' policy or charge higher deposits. Now, under the Act, a landlord cannot unreasonably refuse a tenant's request to keep a pet. The legislation introduces a 'default position' that permits pets, subject to the landlord's right to refuse on reasonable grounds. This shift is designed to make it easier for tenants to live with their companion animals, recognising the welfare benefits of pet ownership. Landlords must proactively engage with tenant requests, rather than passively maintaining a blanket ban. For more detail, you can refer to our article, 'Renters' Rights Act: requests for pets in rented homes'.

What Constitutes 'Reasonable Grounds' for Refusal?

The Act does not define 'reasonable grounds' exhaustively, but it implies a need for objective justification. Examples of potentially reasonable grounds could include: the property being unsuitable for the specific pet due to its size or lack of outdoor space, the property being part of a block with a head lease that explicitly prohibits pets, or if the pet is likely to cause a statutory nuisance to neighbours, such as excessive barking in an apartment building. Concerns about potential damage are generally covered by requiring pet insurance, so this alone may not be a sufficient reason for refusal. Landlords must assess each request individually and avoid generic policies. A refusal based on perceived 'mess' or general preference for no animals is unlikely to be deemed reasonable.

The 42-Day Response Window

A crucial element of the new pet rules is the landlord's obligation to respond within 42 days of receiving a written request from the tenant. This timeframe is strict. If a landlord fails to provide a written response within this period, permission for the pet is automatically deemed to have been granted. This 'deemed consent' means the tenant can then keep the pet without further explicit approval. Landlords can agree a longer period with the tenant, but this must be in writing. It is vital for landlords and agents to have robust systems in place to log pet requests immediately and track the response deadline. Missing this deadline is a common and easily avoidable mistake with significant consequences.

Pet Insurance Requirements and Damage

The Renters' Rights Act 2025 permits landlords to require tenants to obtain pet insurance as a condition of granting permission for a pet. This insurance must cover any damage that the pet may cause to the property. This provision offers landlords a degree of protection against financial loss from pet-related damage. It is important to note that the landlord cannot insist on a specific insurance provider, but can request evidence that suitable coverage is in place. Landlords cannot charge an additional 'pet deposit' or increase the rent beyond requiring this insurance. The insurance requirement helps mitigate concerns about property damage, thereby weakening this as a 'reasonable ground' for refusal.

Dispute Resolution and Tribunal Applications

If a landlord refuses a pet request, or fails to respond within the 42-day window, the tenant has the right to apply to the First-tier Tribunal. The Tribunal will assess whether the landlord's refusal was reasonable. If the Tribunal finds that the refusal was unreasonable, it can order the landlord to permit the pet. It also has the power to order compensation to the tenant in certain circumstances. This mechanism ensures that the pet provisions of the Act are enforceable. Landlords should therefore ensure that any refusal is based on solid, justifiable grounds that can be defended before a Tribunal, with clear documentary evidence.

Regional Differences: Scotland, Wales, and Northern Ireland

The Renters' Rights Act 2025 applies to England only. In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 governs private residential tenancies. 'No pets' clauses are generally enforceable in Scotland, unless they can be demonstrated to be unfair terms under consumer protection law. There is no automatic right for tenants to keep pets, nor a requirement for landlords to provide 'reasonable grounds' for refusal. In Wales, the Renting Homes (Wales) Act 2022 is in force. While it introduced significant changes, it does not include specific provisions granting a 'right to a pet' similar to the Renters' Rights Act 2025. Tenancy agreements in Wales often contain pet clauses, and the approach is typically based on mutual agreement. In Northern Ireland, the law remains based on the Private Tenancies (Northern Ireland) Order 2006, and there are no equivalent statutory rights for tenants to keep pets. Landlords in these devolved nations should consult specific regional legislation and guidance.