Landlords face new challenges regarding pets, garden fencing, and liability as the Renters Rights Act 2025 approaches. Recent discussions highlight the complexities of pet permissions, fence maintenance, and potential legal responsibilities for damage caused by escaping dogs.

Pet Permissions and Garden Fencing

With the Renters Rights Act 2025 coming into force, landlords will need to carefully consider requests for pets, particularly dogs. One key issue is whether inadequate garden fencing can justify refusing a tenant’s request to keep a dog. Landlord Law recently held a training webinar where this question was raised, reflecting growing concerns about tenant pets and property security.

The advice given was that landlords should aim to ‘pet-proof’ their properties before letting, including ensuring garden fences are secure. This is to prevent dogs escaping and causing neighbour complaints. For example, small breeds like miniature dachshunds can easily slip through small holes in fencing, increasing the risk of escape.

Legal Challenges to Pet Refusals

From 1 May 2026, tenants will be able to challenge refusals to keep pets in court under the Renters Rights Act, and later through the Ombudsman scheme. A common landlord defence might be that repairing fences is not a statutory obligation under section 11 of the Landlord & Tenant Act 1985. However, it is anticipated that judges or the Ombudsman will expect landlords to either repair fences themselves or require tenants to do so as a condition of pet permission.

One suggestion was that landlords could charge tenants for fence repairs needed to accommodate pets. While this might risk breaching the Tenant Fees Act 2019, it could be permissible if framed as a condition of allowing the pet.

Shared or Non-Owned Fences

Complications arise when fences are not owned by the landlord or are shared with neighbours. Landlords do not have the right to repair or replace fences they do not own, nor can they compel tenants to do so. The recommended approach is to engage neighbours, who may be willing to repair or allow improvements to prevent pets escaping.

Simple measures, such as nailing wood over holes in a shared fence, may be acceptable to neighbours and help secure the property. These scenarios are likely to become common issues for courts and the Ombudsman after the new legislation takes effect.

Liability for Damage Caused by Escaping Dogs

Although not covered in the training session, liability for damage caused by escaping dogs is a significant concern. The longstanding legal principle from Rylands v. Fletcher holds property owners liable if something escapes from their land and causes damage to others. This could potentially apply to dogs escaping from rented properties.

If a landlord knowingly allows a dog on a property with insecure fencing, they might be liable under this principle. Conversely, if the landlord initially ensured the garden was secure but tenants failed to maintain it, liability would likely rest with the tenant. This underscores the importance of landlords ensuring fences are in good condition before letting.

Current Grounds for Refusing Pets

At present, there are four accepted reasons for refusing a pet:

• The landlord’s lease prohibits pets.
• The property is genuinely unsuitable for the specific pet.
• Other tenants have allergies.
• The pet is illegal, such as under the Dangerous Dogs Act.

Many other scenarios remain legally uncertain, including the reasonableness of refusing pets due to defective fencing, the landlord’s repairing obligations, and the implications of shared fences. These issues will require careful navigation as the Renters Rights Act 2025 is implemented.

What this means for landlords

Landlords should proactively assess and improve garden fencing to reduce the risk of escaping pets and neighbour disputes. Preparing properties to be ‘pet-proof’ will not only support compliance with upcoming legislation but also protect landlords from potential liability. Engaging with tenants and neighbours to manage fence maintenance and pet permissions will become increasingly important.

Understanding the evolving legal landscape around pets, fencing, and liability will help landlords make informed decisions and avoid costly disputes. As the Renters Rights Act 2025 introduces new tenant rights and enforcement mechanisms, landlords must adapt their practices accordingly.

Source: Based on reporting from The Landlord Law Blog

TLA Training Academy

The Landlord Association has launched its new Training Academy for UK landlords, providing structured guidance, compliance education, and practical knowledge to support landlords at every stage. Members can now complete the programme and become TLA Certified Landlords at no additional cost as part of their membership.

Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/

Those looking to join and access the full training and certification can register here: https://landlordassociation.org.uk/landlord-association-membership-uk/

TLA update

The Landlord Association is currently onboarding new service providers into its Trusted Partner Hub, a new initiative designed to support landlords, tenants, letting agents, and property managers with vetted, high-quality services. As one of the fastest growing landlord associations in the UK, TLA offers partners direct access to an engaged and active member base at the point of need. Service providers across legal, maintenance, insurance, finance, mortgages, tenant screening, and property services can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/