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.
When can you still reasonably refuse a pet request?
This is where landlords keep meaningful control. Both the Act itself and the government guidance for landlords and letting agents recognise legitimate reasons to refuse a request. Each is assessed on its own merits, on a case by case basis, against the specific pet and the specific property. You cannot unreasonably withhold consent, but a refusal grounded in reasonable justification and evidenced concerns is reasonable.
Reasonable grounds to refuse permission
Common grounds on which a landlord refuses include:
- A superior landlord or freeholder prohibition: if the head lease or freehold restricts pets, you can rely on that, having sought their position within the deadline.
- Property unsuitability: a large pet such as a sizeable dog in a small upper-floor flat with no outdoor space may be genuinely unsuitable.
- Another resident's needs: a documented allergy affecting other occupants of a shared property can support a refusal.
- An illegal or prohibited animal: a request to keep an animal banned under the Dangerous Dogs Act, for example, can be declined.
There are two points the rest of the sector often gets wrong:
- The implied right applies to existing tenants, not prospective applicants: landlords can still advertise, shortlist and reference applicants on their own terms before a tenancy is granted. However, refusing all applicants with pets at the application stage can reduce the pool of suitable tenants and exclude otherwise reliable renters.
- Permission should be treated as a lasting decision: once permission is granted, you cannot usually withdraw it simply because your preference changes or the tenancy agreement is later varied. The tenant is likely to be entitled to keep the pet unless there is a separate breach, such as damage, nuisance or failure to meet agreed conditions. For that reason, the decision must be assessed carefully before consent is given.
How do assistance dogs differ from a pet request?
An assistance dog is not an ordinary pet request and must not be handled as one. A guide dog or other assistance animal is an auxiliary aid for a disabled person, and allowing one is a reasonable adjustment under the Equality Act 2010.
That distinction is decisive. Refusing an assistance animal, or applying a no-pets clause to one, risks unlawful disability discrimination, which sits entirely outside the Section 16A pet process. The House of Commons Library confirms a landlord would have to change a tenancy agreement prohibiting pets to allow a tenant to keep a guide or assistance dog as a reasonable adjustment. Treat such requests as a separate legal obligation, allow the animal, and seek advice if you are unsure whether the reasonable adjustments duty applies.
How can you protect your investment?
The practical question for landlords is not simply whether to allow pets, but how to do so on terms that protect the property, reduce the risk of disputes and remain compliant with the Renters' Rights Act 2025.
Landlords should take a structured approach before granting permission, including:
- Assessing the suitability of the property: consider the size, layout, flooring, outside space, lease terms and any restrictions imposed by a superior landlord or managing agent.
- Requesting clear details about the pet: ask for information such as the type, breed, size, age, number of pets and any relevant behavioural or veterinary details.
- Recording the decision in writing: confirm whether permission is granted or refused, the reasons for the decision and any agreed conditions.
- Updating the tenancy documentation: include a clear pet clause setting out the tenant’s responsibilities, including noise, cleanliness, damage, nuisance and compliance with building rules.
- Completing a detailed inventory: prepare a dated, photographed inventory before the pet moves in so the property’s condition is properly evidenced.
- Carrying out lawful inspections: inspect the property at reasonable intervals, with proper notice, to identify any damage or management issues early.
- Keeping communication records: retain copies of pet requests, responses, photographs, inspection notes, complaints and any agreed conditions.
Landlords must also be clear on what they cannot do. The Renters' Rights Act 2025 does not allow landlords to require pet damage insurance as a condition of consent. The power to mandate pet insurance was removed before the Act was passed.
Requiring a tenant to take out pet damage insurance, recharging the cost of insurance, or imposing a separate pet-related fee could breach the Tenant Fees Act 2019. Landlords also cannot charge a separate pet deposit or add “pet rent” outside the permitted payments regime. The ordinary tenancy deposit cap remains the ceiling.
You may encourage a tenant to hold their own insurance, but it cannot be made a condition of allowing the pet. The safer approach is to rely on clear written terms, a strong inventory, lawful inspections and proper evidence if damage or nuisance occurs.
What is classed as a breach of tenancy?
Once permission is granted on agreed terms, the tenancy agreement governs the pet. A breach arises where the tenant steps outside those terms, and the most common breaches are straightforward to identify:
- An undisclosed pet: a tenant keeping a pet without ever making a request, or after a reasoned refusal, is in breach of the agreement.
- An unconsented second pet: where permission covered one named animal, adding another without landlord's permission breaches the pet clause.
- Pet-related damage: beyond fair wear and tear, evidenced against your inventory, is a breach you can act on.
- Nuisance or anti-social behaviour: a persistently noisy, disruptive or aggressive pet can amount to anti-social behaviour affecting neighbours.
- Document each issue as it arises, with dates, photographs and any correspondence. Because consent cannot be withdrawn once given, you cannot revoke permission for a pet that later becomes a problem: you must treat the conduct as a breach and follow the proper route, which makes good record-keeping essential from day one.
Can you evict for pet-related breaches?
With Section 21 abolished, pet-related possession runs through the Section 8 grounds of the Housing Act 1988, and the relevant ones are discretionary grounds. A breach does not guarantee possession; the court decides whether eviction is reasonable on the facts.
Two grounds apply to pets:
- Ground 12 covers a breach of any tenancy obligation, such as an undisclosed pet or a breach of the agreed pet clause.
- Ground 14 covers nuisance and anti-social behaviour, which can include behaviour relating to a noisy, disruptive or aggressive pet.
Both are discretionary, so the court weighs the seriousness of the breach, the tenant's conduct and the wider circumstances before granting a possession order. In Parliament, the Lords Minister confirmed that landlords can rely on Ground 14 for anti-social behaviour relating to a pet. You can also involve the local council and the police. Persistent behaviour can lead to an injunction that bans the tenant from keeping a pet.
A pet breach is therefore actionable, but it is not an automatic eviction, and the strength of your evidence is what carries it.
The eviction process for pet breaches
Where a breach cannot be resolved and possession becomes necessary, the process follows a clear sequence. AST Assistance manages that process for landlords and instructs trusted independent solicitors for the legal proceedings and paperwork.
- Address the breach in writing. Put the breach to the tenant, set out what must change, and keep the correspondence. Many disputes resolve here, through clear communication or mediation, without court action.
- Serve a Section 8 notice. The notice must cite the correct ground or grounds, Ground 12 or Ground 14, and observe the required notice period. Because the grounds are discretionary, the notice and the supporting evidence must be precise: this is the stage at which landlords are strongly advised to take legal advice before serving.
- Apply to the court. If the tenant does not leave, you apply for a possession order. The court considers your evidence and, if the court agrees possession is reasonable, the order is granted.
- Enforce the order. Only court-appointed bailiffs or enforcement officers can carry out an eviction once a possession order is granted.
Throughout, meticulous record-keeping is what gives a discretionary claim its weight: your inventory, your photographs, your inspection notes and your correspondence. Most landlords never reach this stage, because a clear written pet clause and an early conversation resolve the issue with the tenant first. Where they do, the landlords who succeed are those who treated every step as evidence from the moment the tenant first stepped outside the agreement.
How AST Assistance can help
AST Assistance supports landlords across England and Wales with practical, landlord-focused guidance. We are a consultancy, which means we help you understand your position, manage the process and take the correct next steps with confidence.
The Renters' Rights Act 2025 introduced a clearer legal framework for pet requests, making it more important for landlords to respond properly, keep accurate records and avoid decisions that could later be challenged. AST Assistance can help you handle these situations in a structured and compliant way.
We can support you with:
- Drafting clear written pet clauses for tenancy agreements.
- Setting up dated and photographed inventories before a pet is approved.
- Responding to pet requests correctly within the 28-day window.
- Assessing whether refusal is reasonable in the circumstances.
- Managing breaches where a tenant keeps a pet without permission.
- Preparing evidence for deposit deductions, damage claims or dispute resolution.
- Instructing trusted independent solicitors where formal legal proceedings or paperwork are required.
Our role is to reduce uncertainty, protect your property and help you avoid procedural errors that could weaken your position. Whether you are dealing with a new pet request, an unauthorised pet or wider compliance concerns under the Renters' Rights Act 2025, AST Assistance can guide you through the process from start to finish.
To speak to our Renters Rights compliance team for guidance, call 01706 619954 or fill out an online contact form.
