How did the Renters' Rights Act 2025 change tenant rights to request a pet?
Before 1 May 2026, whether you chose to allow pets in your rental property was largely your call, governed by whatever your tenancy agreement said. The Renters' Rights Act 2025 changed the default for tenants with pets. Section 11 of the Act inserts a new Section 16A into the Housing Act 1988. This creates an implied term in every assured tenancy in England: the tenant may keep a pet where they request it properly and you consent. The key phrase landlords need to absorb is this: consent to pets must not be unreasonably refused.
The Act applies to roughly 11 million private renters and 2.3 million landlords in England, and it hardens what used to be a voluntary clause in the government's model tenancy agreement into a statutory right backed by a court remedy. That is the most significant change to pet ownership in the private rented sector in a generation, and the figures bear it out. With more than half of UK households owning pets, the law is designed to widen the supply of rentals that welcome pets and reduce the higher rent and limited choice that owners of pets have faced.
Crucially, this is a right to ask, not a right to help yourself. A tenant who wants to keep a pet must make a request, and you must respond, before the pet moves in. As Daniel Carroll of the NRLA put it, the Act "hasn't removed your ability to refuse where it's genuinely justified, it has replaced an automatic 'no' with a fair process". The substantive rules on pets described here are the current position in England under the Act.
What does a proper pet request and consent process look like?
When a tenant asks to keep an animal in a rented home, a statutory process applies. Under the new Section 16A and Section 16B of the Housing Act 1988, that process for a pet request works like this:
- The request for a pet must be in writing and must include a description of the pet. A verbal request does not start the clock.
- You must respond in writing within 28 days of the request, either granting or refusing permission.
- The 28-day clock can be extended in two situations. If you reasonably ask for further information, the deadline moves to 7 days after the tenant supplies it. If you need a superior landlord's consent and seek it within the window, the deadline moves to 7 days after they reply. The parties can also agree a longer period.
- You grant or deny permission for the specific pet, described and named, rather than for pets in general.
The statutory definition of "pet" is broad: an animal kept mainly for personal interest, companionship or ornamental purposes. When a tenant requests a pet in writing, handling pet requests consistently matters. Building a simple written pet policy into your tenancy agreement makes this manageable: every tenant knows the route to ask, and you keep a consistent record of every decision on pets.
When can a landlord reasonably refuse permission for a pet?
You can still say no, but the days of a blanket ban on pets are over. To refuse permission lawfully you need a reasonable justification to refuse a request, evidenced and set out in writing within the 28-day window. The Act itself flags one clearly reasonable ground: where allowing the pet would put you in breach of an agreement with a superior landlord, or where a head lease or freeholder prohibits pets and you have taken reasonable steps to get consent but it was not given. A superior landlord prohibition is the safest basis to refuse permission there is.
Government guidance fleshes out other reasonable and unreasonable grounds for refusing pets. Examples of a reasonable refusal include:
- Another tenant at the property has a relevant allergy.
- The property is genuinely too small for a large pet, or for several pets.
- The animal is illegal to own.
- You are a leaseholder and the freeholder does not allow pets.
Examples that the government treats as an unreasonable refusal, and which will not stand up, include:
- You do not like pets.
- You have had difficult pet-owning tenants before.
- You experienced previous pet damage with other tenants.
- You have general worries that a pet may cause damage or affect future rentals.
If you unreasonably withhold consent, the tenant can apply to the court, which may order specific performance and compel you to allow the pet. A separate route to the Private Rented Sector Ombudsman, where tenants with pets can escalate a disputed refusal, is expected later in 2026.
What about assistance dogs and emotional support animals?
Assistance dogs and other assistance animals sit in a separate legal category from ordinary pets, and you should treat them as such. Under the Equality Act 2010, a refusal to allow a disabled tenant to keep an assistance dog or other assistance animal can amount to disability discrimination, and you are required to make reasonable adjustments. A trained assistance dog, such as a guide dog, is not one of the pets caught by the standard request process and should not be refused on the grounds you would apply to ordinary pets.
The position on an emotional support animal is less clear-cut, because emotional support animals do not have the same trained-task status as service animals in UK law. They are closer to ordinary pets, but where a request connects to a tenant's disability, the safest course is to consider it under the Equality Act as well as the rules on pets, take advice, and document your reasoning. When in doubt, treat anything that may engage the Equality Act with extra care rather than applying a blanket rule on pets.
What does it mean when a tenant keeps a pet without permission?
The new right is a right to request, not a right to act: it does not authorise a tenant to introduce an animal into the property without consultation with the landlord. Where this permission was never requested, or that you assessed and refused, and the animal is living at the rental property anyway, the tenant has breached the tenancy agreement.
That breach exists regardless of the new rules. A tenant who keeps a pet without going through the proper process is in the wrong even if you would have had no reasonable basis to refuse, because the obligation was to ask first and secure your consent. The point is procedural as much as practical: the tenancy term requiring prior written consent has been broken.
What this does not mean is that possession is automatic. A tenant with a pet without permission has handed you a breach you can act on, but how serious that breach is, and what you can realistically achieve, depends on the animal, the damage and the conduct. Treat the discovery as the start of a measured process, not as grounds for immediate action. Our page on breach of tenancy agreement sets out how an unauthorised pet fits within the wider breach grounds.
Can you evict a tenant who has a pet without permission under Section 8?
Since 1 May 2026, Section 21 "no-fault" evictions are abolished and fixed-term assured tenancies no longer exist. You cannot serve a new Section 21 notice for an unauthorised pet, and you cannot rely on a fixed-term break clause. Any guidance still suggesting either route is out of date. Possession now runs through Section 8 of the Housing Act 1988 only.
An unauthorised pet is a breach of a tenancy term other than rent, which falls under Ground 12 (breach of tenancy). Two features of Ground 12 shape everything you do next:
- It is a discretionary ground: the court must be satisfied both that the ground is made out and that it is reasonable to make a possession order. A judge can decline possession where the only breach is a well-behaved, harmless pet, particularly one you could not reasonably have refused anyway.
- It carries a notice period of two weeks: before proceedings can begin.
Two related discretionary grounds support a stronger case. Ground 13 covers deterioration of the property where a pet has caused damage. Ground 14 covers anti-social behaviour, and a Government Minister confirmed during the Act's passage that it can cover behaviour related to noisy, disruptive or aggressive pets. Because all three are discretionary grounds, evidence of actual harm, damage or nuisance is what turns a weak claim into a strong one.
One rule has not changed: you cannot evict without a court order. Only court-appointed bailiffs or enforcement officers may carry out an eviction, and any attempt at self-help eviction risks a civil claim and criminal prosecution. Our Section 8 eviction services explain how each ground is evidenced and served.
What is the realistic remedy-first route?
Because Ground 12 is discretionary, the route that actually works is remedy-first. Rushing to possession over a harmless pet wastes time and is likely to fail in front of a judge. A measured sequence both protects the property and builds the evidence you would need if matters escalate:
- Raise the breach in writing: tell the tenant the pet is unauthorised, cite the relevant clause, and keep a dated copy as part of good property management.
- Offer the tenant a chance to put it right: invite them either to make a proper written pet request now, or to remove the animal. When tenant requests come in at this stage, assess them on their merits in the same way you would assess any other pet request.
- Assess whether you could lawfully refuse: if you have a superior landlord prohibition or genuine unsuitability, your position is strong. If not, allowing the now-requested pet may be the sensible commercial outcome, particularly where the animal is house trained and suited to the property.
- Keep records throughout: photographs, inspection notes and correspondence should be filed, and references from a previous landlord can help you assess the animal's history.
- Reserve Section 8 proceedings: for serious, repeated or unremedied breaches, ideally evidenced by pet damage or nuisance.
This is also why mediation is worth considering before court. AST Assistance resolves around 75% of cases before the courts become involved, and a documented, reasonable approach to the breach is exactly what a discretionary ground rewards. Our landlord and tenant dispute resolution support can help you raise and resolve the breach without proceedings.
How can a landlord recover the cost of pet damage?
Money is the other half of the unauthorised-pet problem, and it is where myths about pets cause the most expensive mistakes. The verified industry picture is sobering: an NRLA survey found that 85% of landlords and agents have experienced pet damage in rental properties. Responsible pet owners, by contrast, are often excellent tenants, which is why a measured approach to pet requests matters commercially as well as legally.
Your first port of call is the tenancy deposit. You can deduct from it for damage beyond fair wear and tear, and where the cost of pet damage exceeds the deposit, you can pursue the tenant for the balance through a money claim. The generally accepted definition of fair wear and tear is the reasonable use of the premises by the tenant and the ordinary operation of natural forces. Deductions cannot put the property into a better condition than at the start of the tenancy, so a claim for replacing a worn carpet with a brand-new one will be reduced for age and wear. Our guidance on suing a tenant for property damage covers recovery beyond the deposit.
Two changes to the law deserve a clear word, because the rejected proposals are still widely repeated:
- There is no separate pet deposit and no pet rent: a Lords amendment to allow a separate pet damage deposit of up to three weeks' rent was voted down before Royal Assent. The Tenant Fees Act 2019 cap stands: a tenancy deposit is limited to five weeks' rent where the annual rent is under £50,000. Charging an extra pet deposit or pet rent is a prohibited payment that can attract a civil penalty.
- You cannot require the tenant to hold pet insurance: a clause that would have let landlords require pet damage insurance was removed from the Bill at Report Stage and is not in the final Act. Presenting tenant-paid pet insurance as a legal requirement would breach the Tenant Fees Act.
You remain free to hold your own landlord insurance, though most standard landlord policies do not cover pet damage and specialist cover may be needed. It is worth checking with your insurance providers whether your policy covers pet-related damage. With the single standard tenancy deposit doing more work than ever, a thorough inventory is now your strongest financial protection.
How can you prevent unauthorised-pet problems? A compliance checklist
Prevention is cheaper than possession. A landlord who runs a clear, consistent process for pets rarely reaches a dispute, and the evidence built along the way is what makes any later deposit deduction or Ground 12 claim stick. Use this compliance checklist to stay on the right side of the new rules:
- Write a clear pet policy into the tenancy agreement: set out the written-request route, the 28-day response, and the requirement for prior written consent before any pet moves in, covering both existing tenants and any prospective tenant at the application stage.
- Respond to every written request in writing within 28 days: decide on a case-by-case basis, give reasonable grounds for any refusal, and keep the decision on file, remembering the default position is now that pets should be allowed unless there is a reasonable ground to refuse.
- Grant permission for the specific pet: described and named, rather than for pets in general.
- Take a detailed, dated, photographed inventory: at check-in and check-out. This is the single most important document for any pet damage claim.
- Carry out regular inspections of the rental property: and record their findings, so an unauthorised pet is caught early.
- Keep your own landlord insurance under review: and check whether your policy covers pet-related damage at your rental property.
- Do not require tenants to take out pet insurance: the final Act dropped that power, but you can still hold your own cover or encourage the tenant to evidence theirs.
Check for a superior landlord or head-lease prohibition: before you respond, as it is your clearest lawful basis to refuse permission.
Done consistently, this routine keeps you compliant, allows pets in your rental property where appropriate, and keeps your evidence ready if a tenant ever keeps a pet without permission. Our Renters' Rights Act compliance service can review your paperwork against the new rules, giving you a clear, consistent process for handling every pet request.
How AST Assistance can help
AST Assistance is a specialist consultancy for UK landlords, based in Bacup and supporting landlords across England and Wales. If you have discovered that your tenant has a pet without permission, we can help you understand your position under the Renters’ Rights Act 2025 and decide the most appropriate next step.
Our support includes:
- Advising on whether the pet amounts to a breach of tenancy
- Reviewing your tenancy agreement and pet policy for compliance
- Assessing whether your response or refusal is likely to be reasonable
- Setting out practical options, from remedy-first resolution to formal action
- Helping you recover the cost of pet damage where evidence supports a claim
- Supporting communication with the tenant to reduce the risk of escalation
- Instructing trusted independent solicitors where legal paperwork or possession proceedings are required
AST Assistance resolves around 75% of cases before court involvement. To discuss your situation with a team that deals with landlord-tenant disputes every day, call 01706 619954 or send us an online query and one of our team will be in touch.
