Category: Property

Yes, you can refuse a tenant’s request to keep a pet in some circumstances. However, since 1 May 2026, you cannot refuse simply because your tenancy agreement says “no pets” or because you do not generally like animals.

The Renters’ Rights Act 2025, which is now in force in England, gives tenants of most private rented homes a statutory right to request permission to keep a pet. You have a legal responsibility to consider that request individually and must not unreasonably refuse it.

This article explains the position for landlords in Witham, Essex and elsewhere in England.

What changed on 1 May 2026?

The pet provisions are contained in section 11 of the Renters’ Rights Act 2025, which inserts new sections 16A and 16B into the Housing Act 1988.

The law applies to most assured tenancies in the private rented sector. It does not apply to social housing tenancies.

The main rules are:

• The tenant must request permission in writing.
• The request must include a description of the pet.
• You must respond in writing.
• You normally have 28 days to give or refuse consent.
• You must not unreasonably refuse the request.
• If you refuse, you should explain the reasons clearly.
• A blanket “no pets” policy is not enough by itself.

The legislation defines a pet as an animal kept mainly for personal interest, companionship, ornamental purposes, or a combination of these purposes.

The formal name of the legislation is the Renters’ Rights Act 2025. Its pet provisions commenced on 1 May 2026. You can read the enacted wording in section 11 of the Renters’ Rights Act 2025.

How must you deal with a pet request?

A tenant’s request should identify the animal clearly. This may include:

• The type of animal
• Breed
• Age
• Size
• Number of animals
• Any enclosure or equipment required
• Whether the animal is house-trained
• How the tenant intends to care for it

You may reasonably request further information if the original request does not give you enough detail to assess the circumstances.

You must request that information within the original 28-day period. If the tenant supplies it, your response deadline can extend to the later of:

• The remainder of the original 28-day period; or
• Seven days after the tenant provides the additional information.

You should keep a complete written record of:

• The date the request was received
• The information supplied by the tenant
• Any further questions you asked
• Your assessment of the property and circumstances
• The date and content of your decision

This process is particularly important if you use one of the letting and property management services available through WitLet. A consistent written process helps reduce disputes and ensures that requests are handled fairly across a portfolio.

When can a Witham landlord reasonably refuse a pet?

The Act does not provide a complete list of every situation in which refusal is reasonable. The decision depends on the specific pet, property and circumstances.

However, the Act expressly recognises circumstances involving a superior landlord. Government guidance also identifies several practical examples.

1. The freeholder or superior landlord prohibits pets

This is one of the clearest grounds for refusal.

If you own a leasehold flat in Witham and your lease prohibits pets, allowing the animal could put you in breach of your own agreement. The Renters’ Rights Act does not require you to breach a head lease or freeholder restriction.

You may also reasonably refuse where your lease requires the freeholder’s consent and:

• You take reasonable steps to obtain that consent; and
• The freeholder refuses to give it.

You should keep copies of the lease, your request to the freeholder and the response. A general assumption that pets are not allowed in a block is not sufficient. You need to check the actual terms.

2. The property is unsuitable for the particular pet

The size and layout of the property can be relevant.

For example, a large dog may not be suitable for a very small studio flat. Several animals may also be unsuitable for a property with limited space or restricted ventilation.

The assessment must relate to the specific circumstances. A lack of garden does not automatically justify refusing a cat or dog. You should consider the animal’s size, exercise requirements, the accommodation and the tenant’s proposed care arrangements.

For landlords of room-only HMOs, the position may be more complex because other occupiers share facilities. The effect on communal areas, other tenants and the available space should be considered carefully.

3. A genuine allergy or medical issue affects another occupier

A medically significant allergy affecting another tenant or occupier may provide a reasonable basis for refusal.

This should be based on a genuine situation rather than speculation. You should avoid requesting unnecessary medical information, but you should record the relevant facts and explain how the pet would create a practical problem.

4. The animal is illegal to own

You can refuse a request for an animal that the tenant cannot lawfully keep.

This may include certain prohibited dogs under the Dangerous Dogs Act 1991 or animals restricted under the Dangerous Wild Animals Act 1976.

You should not approve an animal that would create a legal or safety issue for the tenant, other occupiers or the public.

5. There is a specific and evidenced welfare or safety concern

You can consider whether the property and the tenant’s arrangements are suitable for the animal.

Relevant information may include:

• Whether the animal will be left alone for excessive periods
• Whether the property can safely accommodate it
• Whether there is a realistic plan for exercise and care
• Whether the animal presents a genuine risk to other occupiers
• Whether the request concerns multiple animals

You should focus on evidence and the individual circumstances. A general concern that “pets cause damage” is unlikely to be enough.

Reasons that are unlikely to be reasonable

The following reasons will not normally justify refusal on their own:

• You do not like pets.
• You operate a blanket no-pets policy.
• A previous tenant’s pet caused damage.
• You have had a bad experience with an animal in another property.
• You are concerned that a pet might cause damage in the future.
• You think the property may be harder to re-let.
• You prefer to keep all properties pet-free.

The government’s guidance for landlords and letting agents confirms that decisions must be based on the particular request.

Assistance animals require additional care. A guide dog or other assistance animal may engage your duties under the Equality Act 2010. You should not treat an assistance animal as an ordinary pet without considering whether reasonable adjustments are required.

Can you require pet insurance?

No. You should not require the tenant to purchase pet insurance as a condition of consent, and you should not require the tenant to reimburse you for the cost of your own pet-related insurance.

Earlier proposals discussed insurance and additional protection for landlords. Those proposals were not included in the final legislation.

The Tenant Fees Act 2019 restricts the payments that landlords and letting agents can require from tenants. A separate pet fee, compulsory pet insurance payment or pet administration charge is not a permitted payment.

You can:

• Check whether your landlord insurance covers pet-related damage.
• Ask your insurer whether cover needs to be amended.
• Recommend that the tenant considers suitable insurance.
• Include reasonable obligations relating to care, nuisance and damage in the tenancy agreement.

You cannot make insurance a compulsory condition of consent or refuse the request solely because the tenant will not buy a policy.

What happens if the pet causes damage?

A pet does not remove the tenant’s responsibility for damage.

You can seek compensation where the tenant is responsible for damage beyond fair wear and tear. Your evidence should include:

• A detailed check-in inventory
• Dated photographs
• Inspection records
• Correspondence about the pet or damage
• A detailed check-out report
• Invoices or reasonable estimates for remedial work

You can make a claim against the tenancy deposit for proven damage, subject to the normal deposit protection process and the tenancy deposit cap.

Under the Tenant Fees Act 2019, the deposit is generally capped at:

• Five weeks’ rent where annual rent is below £50,000; or
• Six weeks’ rent where annual rent is £50,000 or more.

You cannot take a separate “pet deposit” or increase the deposit beyond the legal limit because a tenant has a pet. You also cannot recover the same damage twice through both an insurance claim and a deposit deduction.

What should Witham landlords do now?

If you own rental property in Witham, Essex, review your procedures rather than relying on older tenancy wording.

Update tenancy agreement templates

Your agreements should reflect the statutory right to request a pet. A clause stating “no pets under any circumstances” will not override the implied term created by the Renters’ Rights Act.

Your agreement can still require the tenant to:

• Request consent in writing
• Provide accurate information about the animal
• Keep the pet under control
• Prevent nuisance and antisocial behaviour
• Comply with animal welfare and safety law
• Pay for damage caused by the tenant or pet
• Obtain consent before keeping an additional pet

Once you consent to a particular pet, you cannot simply change your mind and withdraw that consent. A request for another pet must be considered separately.

Check lease and freeholder restrictions

For leasehold flats, review the head lease before approving a request. If consent is needed, apply to the freeholder promptly and retain the evidence.

Review insurance

Speak to your insurer about the policy position before approving pets across your portfolio. The insurance decision is yours, not a cost that you can automatically pass to the tenant.

Improve inventories

Accurate inventories are now even more important. Existing wear and tear should be recorded before a pet moves in. This allows you to distinguish between normal deterioration and damage caused during the tenancy.

Use a consistent decision process

Witham landlords and local estate agents in Witham, Essex should avoid informal or inconsistent decisions. Apply the same questions to each request, assess the facts, respond within the deadline and explain any refusal.

If you need assistance with letting, inspections or ongoing management, you can contact WitLet for information about managing residential property in Witham and the surrounding Essex area.

The position in summary

From 1 May 2026:

• Tenants in most private rented homes in England can request to keep a pet.
• The request must be made in writing and include a description of the animal.
• You normally have 28 days to respond in writing.
• You must not unreasonably refuse.
• A freeholder or superior landlord ban may justify refusal.
• Property unsuitability, serious allergies, illegal animals and specific safety concerns may also be relevant.
• Personal preference and historic damage are unlikely to be enough.
• You cannot require compulsory pet insurance or charge a separate pet fee.
• Proven pet damage can still be claimed through the normal tenancy deposit and damages process.
• A clear written process and strong inventory evidence are essential.

Disclaimer: This article provides general information for landlords in England, including Witham and Essex. It is not legal advice and does not replace advice on a particular tenancy, lease, property or dispute. The Renters’ Rights Act 2025 and related regulations may be supplemented or amended by further guidance and legislation. Obtain independent legal advice where you are unsure how the rules apply.

Witlet

September 4, 2026