The government has confirmed that tenants will be able to challenge landlords’ refusals to allow pets in court before the introduction of the Private Rented Sector Ombudsman. This interim legal route comes amid concerns that no impact assessment has been conducted for tenants during the period before the Ombudsman becomes operational.

Legal challenge available prior to Ombudsman launch

Housing Minister Matthew Pennycook has clarified that tenants who believe their landlord has unreasonably refused permission to keep a pet will have the option to take the matter to court. This is in response to a written parliamentary question regarding the mechanisms available to tenants before the Ombudsman service is established.

Under the Renters’ Rights Act, tenants have the right to make reasonable requests to keep pets, and landlords must not unreasonably withhold consent. The Ombudsman, set to become mandatory for landlords from late 2026, aims to resolve disputes without court involvement. However, until the Ombudsman is in place, tenants must rely on the courts to challenge refusals.

Government guidance on handling pet requests

The government has issued detailed guidance for landlords on managing tenant requests to keep pets. Landlords are required to assess each request individually and respond in writing within 28 days. Failure to respond within this timeframe allows tenants to apply to the court for a decision.

Landlords may request further information about the pet, such as its size, but must do so within the initial 28-day period. Once the tenant provides the requested details, landlords have seven days to issue a final decision.

Permissible grounds for refusal

Landlords may refuse a pet request in specific circumstances. These include situations where another tenant has an allergy, the property is unsuitable due to size constraints for large or multiple pets, the pet is illegal to own, or where a leaseholder’s freeholder prohibits pets.

Notably, the guidance states that landlords cannot refuse a request simply because they dislike pets, have had previous issues with tenants who kept pets, or experienced property damage caused by past tenants’ pets.

Implications of no impact assessment

Minister Pennycook acknowledged that the Department has not conducted a specific impact assessment for tenants during the period between 1 May 2026 and the Ombudsman’s launch. This gap highlights potential uncertainty for tenants and landlords alike during the transition phase.

Until the Ombudsman becomes operational, landlords and tenants must navigate pet-related disputes through existing legal channels, which may involve court proceedings. This interim arrangement underscores the importance of landlords adhering carefully to the guidance to avoid unreasonable refusals that could lead to legal challenges.

What this means for landlords

Landlords should prepare for an increase in formal pet requests and potential legal challenges before the Ombudsman service begins. It is essential to respond promptly and fairly to pet requests, ensuring decisions are well-documented and based on the government’s specified grounds for refusal.

By following the prescribed process and considering each request on its merits, landlords can reduce the risk of disputes escalating to court. Clear communication and adherence to the 28-day response window will be critical in managing tenant expectations and legal compliance during this interim period.

Source: Based on reporting from Property118

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