Mark Walsh Estates 

What landlords need to know ahead of the Renters Rights Act​.

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It’s unsurprising that many landlords face requests for pets in the property. The RSPCA estimates, that 44% of households in the UK already have one or more pets. A figure that’s likely to have risen during the pandemic as more people work from home and find time for walking dogs.

Many landlords have understandable concerns about noise, fleas, damage and allergies. With deposits now capped, they can no longer take the additional insurance of a pet deposit to cover any damage or additional cleaning at the end of the tenancy. As a result, many prefer to let properties to people without a pet.

However, a number of landlords are willing to allow pets to live in the property, particularly where the pet owner is responsible, and the pet is well-trained and looked after.

This guide provides you with some information on what to consider before deciding whether to allow pets or not. It includes information on how to check the suitability of pets, whether you have to allow pets, and how best to document the permission.

This page focuses on the changes introduced by the Renters Rights Act. If you are looking for guidance that reflects the rules in place before 1st May 2026 then you can find this in our pets in rental properties guide.

The Renters Rights Act & pets

The Renters’ Rights Act is now law but it does not apply to your tenancy yet.

From 1 May 2026, the Act will make a number of significant changes to the way your tenancies work and how you operate your business.

One of the changes relates to requests for pets in properties. The Renters’ Rights Act will give all tenants a contractual right to request a pet.

Requests must be made in writing and must provide details about the pet that is being requested. Once the landlord receives a request they will usually have to provide an answer within 28 days, unless they ask for further information or need the consent of their superior landlord. 

The landlord must not refuse a request unless it is reasonable to do so, and tenants could apply to court if they think the landlord has acted unreasonably. 

With that in mind, it’s important that as a landlord you understand how to handle these types of requests going forward.

This page will continue to be updated as more guidance is released following the bill’s commencement into law.

How does the Renters' Rights Act define pets

The Act defines a pet as "an animal kept by a person mainly for personal interest, companionship or ornamental purposes or some combination of the three."

This is quite a broad definition, capturing most requests to keep an animal in the property, not just common pets like cats or dogs. 

How to approach the changes

1. Keep to the deadline: Wherever possible, provide or refuse consent within 28 days of the initial request and ensure all of your communications list the date on it. If it won't be possible, because of delays in receiving information or obtaining consent from the superior landlord, inform the tenant there will be a delay until you receive it. 

2. Think about what information you need to make a decision: Do you have a document setting out what information you might need? If you have a superior landlord do you know if the lease bans pets entirely, or does it require you to ask consent?

3. Consider your decision properly: Unless your superior landlord bans pets, you should consider each request on its specific information,  and whether it is reasonable to refuse. For example, it would be a lot harder to justify refusing a request for a goldfish than it would be to refuse a dog listed under the Dangerous Dogs Act. 

5. Keep thorough records: If you decide to refuse a pet, and the tenant does challenge your decision, then keeping evidence that you responded within the right amount of time and properly considered the request will help you defend the case.

Records should include correspondence with the tenant, the superior landlord, any information that went into your decision, and a record of how you came to your decision. 

6. Have a suitable pet policy: In a lot of cases, it will be reasonable to grant permission for the pet. In these cases, it's good to set out clearly what you expect from the tenant in terms of care for the animal, the neighbours, and the property. Include reference to this policy in the tenancy agreement. 

Why might landlords refuse pets?​

When deciding whether to allow a pet or not, you should focus on whether that specific pet is suitable for your specific property.

An assessment based on the specific facts will show you have taken reasonable steps when making your decision rather than arbitrarily banning a pet.

To decide on this, you should ask relevant questions to assess suitability such as:

• The type of pet being requested

• The size of the pet

• The size of the property

• Whether there is outside space

• How this could impact other residents in the home, especially those with allergies or phobias

• How this could impact other residents in nearby homes

• Whether the pet would normally need training

What is reasonable will generally depend on a combination of all of these factors, and you should carefully consider the full facts before making your decision. This will help to evidence your decision is reasonable.

For example, a request to have a small goldfish in a bowl is likely to always be suitable as the goldfish wouldn’t need training, require much space and isn’t going to make noise or disturb other residents.

Similarly, if a tenant asks to keep a house-trained dog in a large family home with a garden, then accepting the request is likely to be reasonable. Particularly if your tenant can provide evidence they are house-trained and the breed is not a dangerous one.

In contrast, landlords may have reasonable concerns about a request to keep a large untrained dog in a small room in a house in multiple occupation. Particularly one where another tenant is allergic to dog hair or the room is of insufficient size for the pet.  

Asking for further information

If your tenant's initial request lacks some of the information above, and you don't know the answer yourself, then you can go back to your tenant within 28 days to ask them to provide any further information that you might need to make an informed decision.

When you request further information, you should also inform tenants of any conditions you may set regarding the pet's behaviour and their responsibilities if you grant consent. You should also ask them to confirm they have read and agree to the conditions you may set.

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What if my superior landlord refuses pets?

If you have a superior landlord and your lease bans you  from accepting the pet then that is always an acceptable reason for you to refuse a pet request. You should communicate this to your tenant within 28 days of receiving the request. 

If you have a superior landlord and the lease states that pets are not allowed without their consent, you should make reasonable efforts to obtain that consent. If they refuse this request, then it will be reasonable to deny the tenant's request. 

Do I have to accept an application from a prospective tenant with a pet?

No, there is no requirement to allow viewings from people with pets and you may continue to select tenants who do not have pets. You can also still state that no pets are allowed in adverts.

However, in practice, even if you state ‘no pets’ in adverts, the tenant can still request a pet after moving in. Given this, it is probably sensible not to state ‘no pets’ on adverts so that applicants don’t feel the need to hide their pets at this stage.

To help inform your decision about who to let to, it is a sensible idea to include questions around pets before the viewing and include your pet policy and a pet request form in the application pack, so you can make an informed choice about the best tenant at the application stage. Asking these questions will help you identify which applicant is the most likely to stay long term and look after your property.

Pet request form and pet policy document

Mark Walsh Estates has produced a pet request form that you can give to your tenants when you ask for further information. It includes useful information that helps you assess whether the property is suitable, and the pet will be properly looked after. 

It also comes with a pet policy setting out reasonable conditions that a pet may follow if you grant permission, and asks the tenant to confirm they are willing to follow the conditions while the pet lives in the property. 

When is it reasonable for a landlord to refuse a pet?

The Government has produced guidance explaining what they believe would be reasonable grounds to approve or refuse a pet request.

In their view, it may be reasonable to refuse a pet request in circumstances such as:

• Another tenant at the property has an allergy

• The property is too small for a large pet or for several pets

• The pet is illegal to own

• If you’re a leaseholder and the freeholder does not allow pets

They also state that it may not be reasonable to refuse a pet request if you:

• Just don’t like pets

• Have had issues with previous tenants who had pets in the past

• Have had previous tenants with pets who caused damage

• Have general concerns that there might be damage in the future

• Think that the pet may affect future tenants

What penalties are there for not properly considering a pet request?

If a pet request is ignored or refused on an unreasonable basis, tenants may start court action against you. The court may then order you to allow the pet to be kept at the property. 
 

Where the landlord is the losing party in this case, the court would also order for the landlord to pay the tenant’s costs.

 

From 2028, once the private rented sector ombudsman is introduced, the ombudsman will also be able to investigate how a landlord handled a request for a pet. If you are not correctly dealing with them, you can be ordered to do so by the ombudsman who are also able to compel you to pay compensation to the tenant.

Choosing whether to allow pets

Why should I allow pets?

There are a number of very good reasons to market yourself as a pet-friendly landlord. 

Pet ownership has long been recognised as a benefit to the mental and physical health of their owners. Happier tenants are likely to look after the property better and have a more positive relationship with their landlord. 

Given the difficulties tenants can face in finding a property that accepts pets it is likely that the tenant will also stay longer, reducing void periods and marketing costs.

Landlords can also reasonably charge a higher than average rent to cover any additional fair wear and tear caused by the pet. Tenants are usually willing to pay more to secure a property their pet is allowed to live in.

Why might landlords refuse pets?

A poorly behaved pet can cause damage to the property or distressing noise to neighbours. They can also cause potential problems with fleas or allergies for replacement tenants later on. These cases are relatively rare however, particularly where you perform suitability checks first.

What should I consider about the pet before accepting or rejecting a request?

There are a number of factors that you should consider before rejecting or approving a request.

Type of pet

One of the first things you will need to consider is the type of pet. Most of the time, this will be a cat or a dog where you may have legitimate concerns that allow you to reject a pet request. In those cases you should consider the other factors below.

However, where the pet is small and unlikely to cause damage, such as a goldfish, it would be unreasonable to reject a pet request.

Assistance animals

Where the animal is providing assistance with a disability then it would be unreasonable to refuse a request. The animal in this case is not a pet, it is an auxiliary aid, and refusal to allow the animal to live in the property would be discriminatory under the Equalities Act. 

Breed

If the pet is a dog, you should check whether the breed falls under the Dangerous Dogs Act 1991.

If it is then you should ensure that is listed on the exemptions register if you are willing to give permission. Being listed on the exemptions register is evidence that the tenant is a fit and proper person and will handle the dog in a safe manner.

Character/behaviour

Where the pet predates the tenancy, you may ask for references from the previous landlord. They can tell you whether the pet was well-behaved and whether it caused damage to the property.

You can also ask to meet the pet ahead of granting permission. This gives you the opportunity to observe the health of the animal, it’s behaviour towards new people and the level of noise.

Vaccinations/flea treatment/insurance

Asking for evidence of the animals vaccination record and flea treatment is also sensible as this indicates how well the animal is looked after. It should also provide you with evidence that the property will be returned to you without any fleas present.

Normally all of this will be part of the pet insurance plan that the owner has for their pets and should be easy to evidence.

What else should I consider when deciding on a pet request?

If you are satisfied that the pet will be well-looked after and well-behaved then you should also consider your own position before agreeing to grant permission.

Insurance

Many insurance providers do not cover damage caused by pets in their tenant or landlord insurance. You should check your own insurance policy ahead of time to see if this is the case for you. If you are unable to secure an insurance policy that does cover pet damage, it may be wise to increase the rent to cover any potential damage caused by the pet.

For the tenant's own insurance, you may want to consider signposting the tenant to an organisation that does cover pet damage as part of their policy. 

Superior lease

If your property is a leasehold, especially one in a block of flats, then you may be prohibited from having pets in your property in the superior lease. If this is the case then you have reasonable grounds to reject any applications for pets.

Is the property suitable for the animal?

The property itself may not be suitable and you should take this into account when thinking about allowing pets or specific types of pets. Large dogs may be too big for a smaller property or a room only tenancy for example. There also might not be suitable outdoor space for them, or another resident may be allergic.

Recording your decision

If the tenant believes you have unreasonably refused consent, then they may apply to the court to force you to allow the pet to live in the property. This will also be something the Private Rented Sector Ombudsman can deal with once landlords are required to join it. 

With this in mind, it's good practice to keep a record showing you have considered the tenant's request properly and you have come to a reasonable decision. That way, you can defend yourself if necessary. 

Notifying your tenants of the decision

Before the deadline passes, you must notify your tenants whether you grant permission or not. This does not need to come in any specific format but we recommend the following:

If you grant permission

Before the end of the deadline, inform the tenant you are happy to grant permission, on the condition they agree to follow the terms of your pet behaviour policy. If necessary, obtain their consent to amend the tenancy agreement to make it clear that a breach of the pet behaviour policy constitutes a breach of the tenancy agreement. If they accept this, then notify the tenants you grant permission based on that condition. 
 

If you refuse permission

You should notify the tenant of your decision in writing by the end of the deadline. 

While you are not technically required to state the reasons for your decision, the tenant may challenge it if they believe it is unreasonable, so it is in your interests to summarise why you believe it would be unreasonable to grant permission for that pet. 

Managing pet behaviour after consent is granted

Once consent is granted, it may not be withdrawn, so it is sensible to set reasonable conditions on how the pet is cared for and what the tenant must not allow the pet to do while it lives in the property.

If you are happy to accept pets, you should add clauses to should either -

• Add additional clauses setting out what you expect from the tenant in terms of looking after the pet and the property; or

• Make it a condition of the tenancy that the tenant follows the rules out in a separate pet policy document. 

Typical conditions would include:

• Requirements that pets kept at the property be well cared for, vaccinated and regularly treated for fleas and worms (if appropriate)

• If the tenant wants to add any further pets, requests must be made in writing and receive written consent in writing from the landlord or letting agent

• Ensuring the pet does  not cause a nuisance while living in the property

The Mark Walsh Estates upcoming assured periodic tenancy template includes a number of pet clauses, and we provide a Pet Behaviour Policy on this page to members. 

If you are setting conditions on an existing tenancy, then ask the tenant to confirm in writing that they are happy to vary the tenancy to include one of these options. 

How important are regular inspections if I allow pets?

The primary concern around pets for landlords is damage to the property. Usually this will not be an issue provided the pet is well-behaved. However, if that isn’t the case, and the pet causes damage to the property, you will need to evidence this damage if you want to make deductions from the deposit.

The best way to do this is by making sure you have done a thorough check-in and check-out inventory. Without evidence that the damage occurred during the tenancy then deductions cannot be made from the deposit.

You should supplement this with regular routine inspections. This is good practice in any tenancy and can help you identify, and stop, damage from getting any worse.

Pets in rental properties FAQ

Can landlords evict a tenant for having a pet without consent?

If request for consent to have a pet is not sought by the tenant or is requested but reasonably refused by the landlord, if the tenant gets a pet anyway then there may be a way to repossess the property.

Firstly, you should check the contract and make sure that it contains an appropriate provision relating to pets and pet requests. This will usually be worded to remind the tenant not to take in a pet without first making a request to the landlord for consent to have a pet, which will not be unreasonably withheld.

If this clause exists, and is breached, then it is a breach of tenancy. A ground exists under section 8 for breach of tenancy, ground 12. This is one of the discretionary grounds and so it is dependent upon a judge’s opinion on whether the breach is serious enough to warrant a possession.

Can I increase the rent if a tenant requests a pet?

Rent can only be increased when offering a new agreement, or through use of the section 13 process, so you can't increase the rent because a pet is requested during a tenancy. For further information on how to increase the rent, see our managing rent payments after the Act page.

However, while you can't increase the rent during a tenancy, being a pet-friendly landlord can help to make your property more attractive to tenants. Pet friendly tenancies are in demand, and may allow you to charge a higher rent when marketing for a new tenancy. 

Does the right to request a pet apply in HMO properties?

Yes. The right to request a pet is contained in all assured tenancy contracts. What can differ is that the landlords’ approach to considering a pet will need to account for factors that are unique to HMO properties. This could be things like room-by-room rentals and the presence of other tenants who may not want an animal to be there, for instance if they have allergies.

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   Jemma Jones

   Jemma@walshestates.co.uk

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