What has changed, and can you refuse a tenant a pet?
The Renters' Rights Act 2025 inserts a new Section 16A into the Housing Act 1988. It gives tenants of assured tenancies in England an implied right to request permission to keep a pet, and it ends the blanket bans that many private tenancy agreements once relied on. The landlord retains the decision, but the starting point has reversed: consent is the default unless you refuse for a good reason, in writing, within the statutory window.
How long do you have to respond to a pet request?
The process is precise:
- When a tenant asks to keep a pet, they must submit a written request describing the animal.
- You must give or refuse permission in writing within 28 days of that request.
- You may extend the decision if you reasonably ask for more information, in which case the deadline moves to seven days after the tenant supplies it.
Where you need a superior landlord's consent, such as a freeholder or head lessor, you may extend by seven days after they respond, provided you sought it inside the original 28 days.
What counts as a pet under the new rules?
A "pet" under the Act is defined broadly: any animal kept mainly for personal interest, companionship or ornamental purposes. That covers far more than cats and dogs, so a request to keep fish, a bird or a reptile falls under the same pet rules. If you ignore a request or refuse one without good reason, the tenant can apply to the court, which may order you to allow the pet and may order you to pay their costs. From 2028, once the Private Rented Sector Ombudsman is operational, tenants will also be able to escalate a free complaint through the ombudsman service and seek compensation.
For the wider reforms beyond pets, see our full Renters' Rights Act 2025 guide for landlords.
Private landlord legal obligations when facing rent arrears
When dealing with rent arrears, private landlords must balance recovering unpaid rent with complying with their legal obligations. Taking the wrong approach can lead to delays, financial losses and potential legal action against the landlord.
Landlords cannot take matters into their own hands by changing locks, removing a tenant's belongings, disconnecting utilities or attempting to force a tenant to leave without following the correct legal process. These actions may constitute unlawful eviction under the Protection from Eviction Act 1977 and can result in substantial penalties, compensation claims and, in some cases, criminal prosecution.
The Renters' Rights Act has further increased the importance of following the correct procedures when pursuing rent arrears. Landlords must comply with the relevant notice requirements, maintain accurate records and ensure that any possession claim is supported by clear evidence. Courts are increasingly focused on whether landlords have acted reasonably throughout the process, including communicating with tenants, considering repayment proposals and exploring options such as mediation before commencing legal proceedings.
Risks of managing rent arrears private landlords should be aware of
Unpaid rent can place immediate pressure on a landlord’s finances. Mortgage payments, insurance, repairs, service charges and licensing costs may still need to be paid even when rental income stops. For smaller private landlords, a few missed payments can quickly affect the viability of the investment.
Key risks include:
- Larger arrears before possession action can progress: under the Renters' Rights Act, the mandatory Ground 8 threshold has increased from two months' arrears to three months' arrears. The notice period has also increased, meaning landlords may have to wait longer before starting court proceedings.
- Reduced certainty at court: if the tenant reduces the arrears below the mandatory threshold before the hearing, the landlord may no longer be able to rely on mandatory Ground 8. The claim may then depend on discretionary grounds, where the court considers the wider circumstances.
- Benefit payment delays: arrears may arise because of delays with housing benefit, Universal Credit housing costs or other benefit payments. This can leave landlords managing reduced cash flow even where the tenant intends to pay.
- Difficulty identifying the cause of arrears: landlords need to establish whether the issue is temporary financial hardship, an administrative delay or a deliberate failure to pay. Each scenario requires a different response.
- Weaker evidence if communication is poor: failing to contact the tenant, offer a realistic payment plan or keep accurate records can make it harder to show that reasonable steps were taken before legal action.
- Lower prospects of recovery over time: the longer arrears continue, the harder they can become to recover. Early action helps reduce losses, assess whether mediation is realistic and decide when formal possession steps may be necessary.
Mediation compared to court proceedings
Mediation is a professional tool designed to help a landlord resolve rent arrears without the immediate intervention of a judge. Instead of placing the dispute directly before the court, mediation gives both parties the opportunity to discuss why the tenant has failed to pay rent, what evidence supports each position and whether a practical agreement can be reached.
Unlike court proceedings, mediation is not about proving a case before a judge. It is focused on finding a workable outcome. This may include agreeing how the tenant will pay the rent moving forward, the way they will address all the rent arrears, and whether any support from housing benefit or other benefit payments is likely to affect repayment.
For landlords, mediation can offer several practical advantages:
- It can be faster than court action: mediation can often be arranged more quickly than a possession hearing, helping landlords address arrears before the debt becomes unmanageable.
- It reduces immediate legal costs: court proceedings can involve court fees, solicitor costs and representation expenses. Mediation may help resolve the dispute before these costs escalate.
- It encourages structured communication: a mediator helps both parties stay focused on the arrears, the tenant’s ability to pay and the steps needed to prevent further missed payments.
- It can identify the cause of non-payment: arrears may be linked to job loss, affordability issues, delays with housing benefit, problems with benefit payments or a wider financial crisis. Understanding the cause helps landlords decide whether repayment is realistic.
- It supports practical repayment planning: mediation can help establish a written repayment plan that covers the normal monthly rent as well as an affordable contribution towards the arrears.
- It creates a useful paper trail: if mediation does not resolve the matter, records of the meeting, proposals made and any failed payment arrangements may support the landlord’s position if formal proceedings are later required.
Court proceedings may still be necessary where the tenant refuses to engage, repeatedly fails to pay or the arrears have reached a level where possession action is unavoidable. However, mediation gives landlords an opportunity to resolve the issue at an earlier stage, reduce avoidable costs and show that reasonable steps were taken before escalating the matter.
Implementation of repayment plans to reclaim lost rent
Where agreement is reached, the repayment plan should be clear, realistic and recorded in writing. It should set out the total arrears owed, how much the tenant will pay each month, when payments must be made and how those payments will sit alongside the normal monthly rent.
A repayment plan should not be based on assumptions or informal promises. It must reflect the tenant’s actual financial position, including any confirmed housing benefit or benefit payments. The objective is to create an arrangement that gives the landlord a realistic route to recover arrears while reducing the risk of the tenant defaulting again.
Landlords should also be careful when deciding whether to deduct unpaid rent from a tenant's deposit. A tenancy deposit is usually dealt with at the end of the tenancy and must be handled in line with the relevant deposit protection rules. It should not be treated as an immediate substitute for unpaid rent unless the tenancy has ended and the proper process is followed.
A well-documented repayment plan can help a landlord resolve arrears without immediate court proceedings. However, if the tenant fails to maintain the agreement, the written record of mediation, missed payments and communication attempts may support the landlord’s position if formal possession or debt recovery action becomes necessary.
AST Assistance can support landlords throughout this process by helping to assess the tenant's financial circumstances, facilitate discussions, draft clear repayment agreements and ensure that all arrangements are properly documented.
Seven steps to manage rent arrears
Follow this structured approach to address arrears effectively and improve the chances of recovering outstanding rent without the need for court action.
Step 1: Contact the tenant immediately
Contact the tenant as soon as the first rent payment is missed. Early communication often helps a landlord resolve issues before arrears escalate. Establish whether the missed payment is the result of a temporary financial difficulty, an administrative error, delays with housing benefit or problems with other benefit payments. Understanding the cause at an early stage allows you to take a more informed and proportionate approach.
Step 2: Review the tenancy agreement
Review the tenancy agreement carefully to ensure all rent payment obligations, due dates and breach provisions are clearly defined. This will help you determine your position if the matter progresses further and provides a clear framework for discussions with the tenant regarding any outstanding sums.
Step 3: Gather all relevant financial records
Consolidate all relevant financial information, including rent schedules, payment histories and comprehensive bank statements. Accurate records will help demonstrate the level of arrears, identify any partial payments received and provide evidence should further action become necessary.
Step 4: Explore mediation and agree a payment plan
Consider proposing a professional mediation service or arranging an informal meeting with the tenant. Mediation can help both parties discuss the underlying causes of the arrears and work towards a realistic payment plan. Where a tenant is awaiting housing benefit or other benefit payments, a structured repayment arrangement may help cover unpaid rent while allowing the tenant time to stabilise their finances.
Step 5: Record all agreements in writing
Any agreement reached should be documented clearly and signed by both parties. This includes the amount outstanding, the agreed payment plan, payment dates and any conditions attached to the arrangement. Written agreements reduce misunderstandings and provide a useful record if the matter later requires formal action.
Step 6: Signpost the tenant to financial support
If the tenant is experiencing a wider financial crisis, encourage them to seek guidance from Citizens Advice or another reputable debt advice service. Professional support may help them access housing benefit, resolve issues with benefit payments, manage debts and identify ways to cover unpaid rent more effectively.
Step 7: Maintain a detailed communication log
Keep a chronological record of all communications, including emails, letters, telephone calls, mediation discussions and payment arrangements. Comprehensive records can strengthen your position if you later need to demonstrate the steps taken to resolve the matter and support a possession claim or debt recovery action.
Professional support from AST Assistance
Managing rent arrears requires a careful balance between firm financial recovery and practical dispute resolution. Landlords need to protect their rental income, but they must also follow the correct legal process and avoid steps that could weaken their position if the matter later reaches court.
AST Assistance provides professional support to landlords dealing with rent arrears, including help with repayment plans, mediation and pursuing legally compliant eviction proceedings. Our mediation support can help landlords resolve disputes earlier, saving time and money by reducing the need for lengthy court proceedings where a practical agreement can be reached.
We can assist with:
- Reviewing the arrears position and supporting evidence.
- Drafting realistic repayment plans.
- Facilitating mediation between landlord and tenant.
- Advising on Universal Credit, housing benefit and discretionary housing payment issues.
- Preparing compliant notices where formal action becomes necessary.
- Helping landlords protect their rental income and wider property investment.
Contact AST Assistance for professional advice on managing rent arrears, resolving disputes and protecting your property. Call us on 01706 619954 or send us an online query form and one of our team will be in touch.
