The Renters’ Rights Act 2025 introduced a specific process for tenant pet requests, setting a strict 28-day period within which landlords must respond. Despite some guidance materials incorrectly citing a 42-day response window, the law is clear: landlords have 28 days to provide a written reply. Understanding this timeframe and the consequences of missing it is essential for landlords, letting agents and property managers to ensure compliance and avoid unintended consent or penalties.
Origins of the 28-Day Response Period
The confusion around the response deadline stems from earlier drafts of the Renters’ Rights Act, which initially proposed a longer period for landlords to reply to tenant pet requests. However, these drafts were amended during parliamentary proceedings, and the final legislation established a 28-day window. This timeframe is set out in section 11 of the Act, which inserts new section 16A into the Housing Act 1988, making it clear that landlords must respond in writing within 28 days of receiving a tenant’s written pet request.
It is important to note that the 42-day figure does not appear in the enacted legislation and therefore should not be relied upon. Landlords referencing outdated or incorrect guidance risk non-compliance and the legal consequences that follow.
Consequences of Missing the 28-Day Deadline
Failing to respond within the 28-day period carries significant repercussions. Firstly, the law provides for “deemed consent,” meaning that if a landlord does not reply in time, the tenant’s request is automatically granted. This consent is irrevocable, and landlords lose the right to refuse the pet once the deadline has passed.
Secondly, enforcement measures are in place to ensure compliance. Local housing authorities have powers to investigate breaches and impose civil penalties, which can be as high as £7,000 for a first offence. Therefore, landlords who mistakenly believe they have 42 days and respond after the 28-day limit may inadvertently forfeit their ability to refuse and expose themselves to financial penalties.
Steps for Complying with the Pet Request Process
The process for handling tenant pet requests under section 16A is straightforward but requires careful attention to detail. The tenant must submit their request in writing, which can include email, and it must describe the pet clearly. Verbal requests do not trigger the response timeline.
Upon receipt, landlords should date-stamp or otherwise record the date immediately, as the 28-day countdown starts from the date the request arrives, not when it is read. A prompt written acknowledgement on the same day is advisable to confirm receipt and protect against any disputes about timing.
Landlords then need to assess the request individually, considering any leasehold or freeholder restrictions, the suitability of the property for the specific animal, and any building management rules. This assessment should be documented thoroughly, as the law requires specific and justified reasons for refusal.
Finally, landlords must respond in writing within the 28-day period, providing either consent, consent with conditions, or refusal with detailed reasons. This response completes the statutory process and helps avoid unintended consent or enforcement action.
Grounds for Refusal and Conditions on Consent
While landlords can refuse pet requests, blanket “no pets” policies are no longer valid under the Act. Refusals must be based on specific grounds such as prohibitions in the lease or freeholder restrictions, genuine unsuitability of the property for the particular pet, or applicable building management rules. General preferences or blanket policies will not suffice and may be challenged.
Landlords may also grant consent subject to reasonable conditions. Commonly, this involves requiring tenants to maintain pet damage insurance throughout the tenancy, as charging additional pet deposits is prohibited under the Tenant Fees Act 2019. Conditions should be reasonable, clearly communicated, and documented to provide a defensible position if disputes arise.
Extensions and Additional Considerations
The 28-day deadline can be extended in limited circumstances. If landlords require further information from tenants—for example, details about the pet’s breed or size—they may request this within the initial 28 days. Once the tenant provides the additional information, landlords have a further seven days to respond.
Similarly, if the property is leasehold and freeholder consent is necessary, landlords must apply to the freeholder within the 28-day window. They then have seven days from receiving the freeholder’s decision to respond to the tenant. These provisions ensure landlords act promptly while allowing for necessary information gathering and approvals.
What this means for landlords
Landlords and agents should review their current procedures to ensure they comply with the 28-day response requirement for tenant pet requests. Relying on outdated guidance that references a 42-day window may lead to unintended consent and potential penalties. It is essential to log and acknowledge requests promptly and to provide a written response within the statutory timeframe.
Moreover, landlords should carefully assess each request on its individual merits, considering any lease or building restrictions, and document their decisions thoroughly. Where refusal is justified, specific reasons must be communicated clearly in writing. Where consent is granted, imposing reasonable conditions such as pet damage insurance can help manage risks without breaching the Tenant Fees Act.
What TLA members should consider
- Establish a dedicated email address or folder to receive and track pet requests efficiently, ensuring none are overlooked.
- Record the date of receipt immediately and acknowledge the request in writing on the same day to establish a clear timeline.
- Set internal reminders to respond by day 25 to allow a buffer before the 28-day deadline.
- Review tenancy agreements and leasehold documentation for any restrictions that may affect pet permissions.
- Document all communications, assessments and decisions related to pet requests to support compliance and potential disputes.
- Consider requiring tenants to maintain pet damage insurance rather than charging additional deposits, in line with the Tenant Fees Act.
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Source: www.property118.com
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