While it is not illegal for landlords to enforce a ‘no pets’ clause in their tenancy agreement, the law can be unclear. It is always best for both landlords and tenants to be clear on their rights and obligations regarding pets in rented property from the outset.
Dog ownership in the UK has seen a significant increase. Particularly during and after the COVID-19 pandemic, when flexible working and more time at home made dog ownership more feasible for busy, working adults. Around 36% of households own a dog and over half of UK adults own a pet of some type.
Our nation’s love of animals becomes problematic with rented properties, as the landlord and the occupants may have different views on pets.
Legal Rights for Pets in Rented Properties
In 2021 changes were made to the Model Tenancy Agreement (a document, recommended by the Government to use between landlords and tenants). Formally, a blanket ban on pets would be common in tenancy agreements. However, under the updated guidance, this has been removed, and landlords cannot unreasonably stop their tenants from having pets.
The aim to deliver fairer rules for renters makes it easier to own pets and find pet-friendly places to live. Tenants will have the right to ask for permission to introduce a pet to the home they already rent. The landlord must carefully consider this request and cannot ‘unreasonably’ say no. Landlords have a duty to respond to a pet request within 28-days.
What constitutes a reasonable refusal will vary depending on the circumstances, the agreement and the type of property. Some reasons that landlords could give to refuse pet ownership under their roof could include:
- Unsuitable property size – i.e. a large dog in a small flat or bedsit apartment
- Freehold restrictions – stipulations for ‘no pets’ may prevent owners or renters from owning pets in the multi-occupancy property altogether
- Religious or medical reasons – landlords may be able to refuse a request based on religious or medical grounds
- Health and safety issues – a property with shared areas or a pet that poses a risk to other people sharing the space.
Tips for Tenants
If you are keen to introduce a pet into your home, then it is sensible to:
- Prove yourself as an excellent tenant in other areas – e.g. paying rent on time, keeping the property in good condition.
- Carefully consider a pet that will be suitable to the property you are renting
- Ensure that your pet in insured and well trained
- Protect the property and any furnishings from pet damage
- Review your tenancy agreement and understand your rights
- Start an open conversation with your landlord about pet ownership
- Give a written request and allow time for your landlord to consider the decision
What Happens if Your Landlord Refuses Your Pet Request?
If you landlord refuses your request, you do have the right to challenge their reasons. If you feel that your landlord is preventing you from having a pet without providing a fair reason, then you could seek legal advice or contact the privately rented sector ombudsman to take the case further.
Tips for Landlords
Landlords should carefully consider whether to allow pets in their rental property. Whilst the guidance prevents a blanket ban, this doesn’t mean that you must say yes if it is not suitable.
- Assess the property’s suitability for pet ownership
- Assess the property and proposed pet from a health and safety point of view
- Consider the potential damage a pet could cause to your property and furnishings
- Check your insurance implications
- Check your freehold obligations if the property is in a block of multiple properties
- Consider your current tenancy agreement clauses
- Consider increasing your deposit (within reason) to allow for higher risk of damage
Ensure that you respond within 24-days to requests from your tenants. Be very clear and thorough in your explanations if you are refusing the request. Be mindful that pet requests may come from tenants who want an assistance dog or emotional support animal – this will require more careful consideration and sensitivity.
What Happens if you Tenant Keeps a Pet Without Permission?
If your tenants have pets in the property without your exclusive permission or after you have rejected a request, then you are left in a difficult situation. They are in breach of their tenancy agreement, and you should give them notice to remove the pet from the property. Otherwise, you have the option to evict them from the property whilst very carefully following the rules on evictions. If an undisclosed pet has caused damage to your property or possessions, you may be able to deduct damages from the deposit.
Renter’s Rights Bill 2025
The Renter’s Rights Bill aims to make considerable changes to the private rental sector.
One of the main goals is to abolish Section 21 evictions, also known as ‘no-fault evictions’. Where a landlord can end a tenancy without needing to provide a reason. The Bill also sets out to raise the standard of rental properties, create a digital database of registered landlords along with the increase in tenant’s rights to own pets.
The Bill is currently in the House of Lords in the committee stage; with two further readings taking place in May 2025. It is expected to be passed into law by the summer of 2025.
Once we have a definitive set of changes, we will share our highlights with you to keep you informed about the changes.
Landlord and Tenant Disputes
When a landlord and tenant cannot reach agreement or resolve matters between themselves, it is important to take independent legal advice before matters get unsavoury or more complicated.
Whether your dispute is about pets – rent arrears, lease violations, damages or unfair treatment – our dispute resolution team are equipped to represent either party to take matters forward.
Contact us on 01253 362500 or email info@bbelaw.co.uk.
