For most of us, pets are not just pets, they are family. Yet renting or buying a property with a pet in England has traditionally presented challenges for pet owners.
The Renters’ Rights Act 2025 (“RRA 2025”) recently came into application and has changed the position for tenants, but important restrictions remain.
Renting with a pet: the Renters’ Rights Act 2025
On 1 May 2026, the RRA 2025 changed everything: qualifying tenants have a statutory right to request the right to keep a pet. This right is implied, which means all private tenants have the same right, irrelevantly of what is written in their tenancy agreement.
The formality is simple, the tenant must make the request in writing and provide a description of the pet. The landlord then has 28 days to respond and cannot unreasonably refuse consent.
However, this does not grant the right to an unconditional right to keep a pet, quite the contrary. The landlord can present reasonable grounds as to why they would refuse, this includes:
– the property is unsuitable for the animal;
– another occupier has an allergy;
– the animal cannot lawfully be kept; or
– keeping the animal would breach the landlord’s obligations to a superior landlord.
This new law means that the general blanket ban became an individual assessment of each tenant’s circumstances.
If the landlord refuses, the tenant can also challenge the decision. Of course, the tenant should first try to discuss it with their landlord. But the last resort is now to apply to Court regarding the reasonableness of the decision. The Court can then force the landlord to allow the tenant to keep the pet. However, tenants must be mindful of costs, as for any legal procedure.
Leasehold flats: the important exception
The position can be more complicated where the rented property is a leasehold flat. Indeed, the landlord may themselves be a leaseholder whose lease prohibits keeping a pet in the premises or requiring the consent of the freeholder. Unfortunately, the RRA 2025 does not override the lease or the freeholder’s decision.
As a result, before agreeing to a tenant’s request to keep a pet, a landlord may need to obtain the freeholder’s consent. Where the superior landlord legitimately refuses consent, this may provide grounds for the landlord to refuse the tenant’s request.
Our advice? Tenants should always check the superior lease before signing a tenancy agreement, especially when the latter is mentioned in the tenancy agreement. If it has not been provided to you, ask the agent for a copy of the lease!
What if the pet is a support animal?
The position is different where an animal is kept in connection with a person’s medical condition or disability. Indeed, the Equality Act 2010 protects disabled people against discrimination and may require reasonable adjustments to be made in relation to premises. A pet might form part of the reasonable adjustments necessary to alleviate a disadvantage arising from a disability.
However, it is important to distinguish between an assistance dog and an emotional support animal.
Emotional support animals are not legally recognised in the UK but assistance dogs are legally recognised in the Equality Act. An online “ESA certificate”, registration card or harness does not automatically give an animal legal status or create a right to keep it in rented accommodation.
The above means that a tenant with an assistance dog might put a landlord in breach of the Equality Act if they refuse to make reasonable adjustments. However, it means that emotional support animals will be subject to the normal pet rules.
Buying a leasehold property with a pet
The issue is equally important for purchasers.
Before exchanging contracts on a leasehold property, a prospective buyer who owns a pet should check:
– whether the lease contains an absolute prohibition on pets;
– whether consent is required;
– who must give that consent;
– whether the freeholder has historically permitted pets; and
– whether additional regulations contain further restrictions.
Our advice: it is always better to seek consent before exchange.
A changing property market
The RRA 2025 represents a significant shift towards greater protection for pet-owning tenants. Landlords can no longer simply assume that a “no pets” policy will be sufficient.
However, the position remains more complex for leasehold properties and where disability rights are engaged. It even puts landlords in a tricky position: the law means they cannot unreasonably refuse a tenant to keep a pet but their lease may forbid it.
For pet owners, the key lesson is straightforward: before renting or buying, check the tenancy, examine the lease and, where relevant, consider the Equality Act.
If you require advice in relation to the contents of this Briefing Note, please contact Léopoldine (Leo) Mineo in our Dispute Resolution team.