Three changes in the Renters' Rights Act 2025 will affect how you market properties, select tenants, and manage tenancies from 1 May 2026. Tenants will have a statutory right to request a pet. It will be illegal to discriminate against prospective tenants who receive benefits or have children. And landlords will face clearer obligations around disability adaptations under both the Equality Act 2010 and the new Written Statement of Terms.
None of these are optional. None can be overridden by tenancy agreement clauses. All carry financial penalties for non-compliance. This guide covers each right in detail: what the law actually requires, what reasonable refusal looks like, what will get you fined, and how to build processes that keep you compliant. For the full picture of Phase 1 changes, see our Renters' Rights Act pillar guide.
In This Guide
Section 11 of the Renters' Rights Act inserts an implied term into every assured tenancy giving tenants the right to request consent to keep a pet. Blanket 'no pets' clauses in tenancy agreements will be unenforceable from 1 May 2026. This does not mean every tenant gets a pet automatically — it means every tenant gets a fair process for requesting one, and every landlord must have a defensible process for responding.
How the Pet Request Process Works
Tenant submits a written request describing the pet — type, breed, size. The request must be in writing. Verbal requests do not start the clock.
Landlord has 28 days to respond in writing, giving consent or refusing with clear, specific reasons.
Landlord may request further information if reasonable (e.g. breed details, size). This pauses the clock — the deadline restarts as either the remainder of the original 28 days or 7 days after the tenant provides the information, whichever is later.
If a superior landlord's consent is needed (e.g. the property is leasehold), the landlord must apply for that consent within the 28-day period. The deadline to respond to the tenant then extends to 7 days after the superior landlord's decision.
If the landlord does not respond within 28 days, the tenant can apply to the court for a determination. Non-response is treated as unreasonable refusal.
The pet insurance clause was removed during the Bill's passage through Parliament. Landlords cannot require tenants to take out pet damage insurance. The government's position is that the standard tenancy deposit — capped at 5 weeks' rent — should be sufficient to cover any pet damage beyond fair wear and tear.
When You Can and Cannot Refuse
Refusals must be specific, evidenced, and related to the particular pet and the particular property. General dislike of pets or vague concerns about damage are not sufficient grounds.
- Superior lease or freeholder restriction — provided you have actually applied for consent, not just assumed refusal
- Property unsuitable for the type or size of pet (e.g. a large breed in a studio flat)
- Number of pets excessive for the property size and layout
- Legitimate animal welfare concerns — pet regularly left alone for extended periods, or inadequate outdoor space
- Another tenant in the building has a documented allergy
- Evidence the tenant is not a responsible pet owner
- Personal dislike of animals
- General concerns about property damage without evidence specific to this tenant or pet
- Insurance exclusion — unless the policy genuinely cannot be amended or replaced at reasonable cost
- A blanket 'no pets' clause in the tenancy agreement — these are unenforceable from 1 May
Assistance Animals Are Not Pets
Assistance animals — guide dogs, hearing dogs, and other animals trained to perform specific tasks for disabled people — are legally protected under the Equality Act 2010 and are not classified as pets under the Renters' Rights Act. Refusing an assistance animal is disability discrimination. The pet request process does not apply: they must be permitted as a reasonable adjustment, and the landlord cannot charge additional rent, fees, or an increased deposit.
Emotional support animals do not have the same automatic legal protection in the UK. They are not required to be trained to perform specific tasks, so requests can be assessed through the standard pet request process. However, if the tenant has a recognised disability under the Equality Act and can demonstrate the animal is necessary for their wellbeing, refusing may still constitute disability discrimination. Take legal advice if in doubt — do not refuse without it.
What Happens If a Tenant Gets a Pet Without Permission?
Keeping a pet without going through the request process constitutes a breach of the tenancy agreement. From 1 May 2026, you cannot use Section 21. You would need to rely on Section 8 — Ground 12 (breach of tenancy terms), Ground 13 (deterioration of property), or Ground 15 (deterioration of furniture) — all discretionary grounds. Courts are unlikely to evict for an unauthorised pet alone unless there is evidence of significant damage or nuisance.
The practical approach: if a tenant gets a pet without permission, ask them to submit a formal request retrospectively. Assess it on its merits. If the pet is reasonable for the property, grant consent and regularise the position rather than starting a confrontation you are unlikely to win.
Conditions You Can Attach to Consent
When granting consent, you may attach reasonable and proportionate conditions — all agreed in writing. Permissible conditions include requiring professional end-of-tenancy cleaning, specifying that consent is for the named pet only (a replacement pet requires a new request), requiring the tenant to prevent nuisance to neighbours, and confirming that any damage beyond fair wear and tear is recoverable from the deposit or through the courts.
You cannot require the tenant to pay additional 'pet rent', pay an additional deposit above the 5-week cap, or take out pet damage insurance. Any condition that imposes an unlawful charge is void.
Sections 33 and 34 of the Renters' Rights Act make it illegal for landlords and anyone acting on their behalf to discriminate against prospective tenants who receive benefits or who have children. This applies from 1 May 2026 across England.
What Counts as Discrimination?
The Act defines discrimination broadly. A relevant person must not do anything that makes a person less likely to rent a property, or prevents them from renting it, because they receive benefits or have children.
| Direct Discrimination | Indirect Discrimination |
|---|---|
| Advertising 'no DSS', 'no benefits', 'professionals only', 'no children', or 'working tenants only' | Requiring a 'professional job' or permanent employment as a condition of tenancy — indirect discrimination against benefits claimants |
| Refusing to allow a viewing because the applicant mentions children or benefits | Setting minimum income thresholds that disproportionately exclude benefits claimants without considering the applicant's actual ability to pay |
| Withholding information about a property's availability to specific applicants | Requiring a guarantor only from benefits claimants when other applicants are not asked for one |
| Refusing to grant a tenancy to someone solely because they have children | Applying any provision, criterion, or practice that makes families with children materially less likely to secure a tenancy |
The Proportionate Means Exception — Children Only
For children, there is one narrow exception: a landlord can restrict children from living in a property if they can demonstrate the restriction is a proportionate means of achieving a legitimate aim. The aim must be genuine and must not itself be aimed at discriminating against families. Common examples: retirement homes and purpose-built student accommodation. Even where it applies, the restriction should be the minimum necessary.
There is no proportionate means exception for refusing benefits claimants. You cannot refuse a benefits claimant under any circumstances unless you have a legitimate, non-discriminatory reason to refuse them as an individual — such as demonstrably insufficient income to cover the rent. The category of 'receives benefits' alone can never be the reason.
What You Can Still Do
The ban does not mean you must accept every applicant regardless of financial circumstances. You can still conduct affordability assessments based on the applicant's actual income — including benefits income. You can require references and credit checks applied consistently to all applicants. You can refuse a tenant on legitimate grounds — poor references, insufficient income, adverse credit history — provided these criteria are applied equally and are not a proxy for benefits or family status.
The key principle: assess every applicant on individual merit, not on category. Document your decision-making process and the reasons for every refusal.
The Discrimination Penalty Framework
Discrimination is a civil matter, enforced by local authorities. Liability extends to both the landlord and anyone acting on their behalf — if your letting agent discriminates, you and the agent can both be penalised jointly and severally.
| Breach | Penalty | Notes |
|---|---|---|
| First breach of Section 33 or 34 | Up to £7,000 | Government starting point: £6,000. Assessed on balance of probabilities by local authority exercising a quasi-judicial function. |
| Breach continues 28+ days after penalty imposed | £7,000 per 28-day period | Unlike assured tenancy breaches, continued discrimination does not escalate to criminal offence — but compounds financially. |
| Repeated breach within 5 years | Up to £14,000 | Up to £7,000 for the breach plus a further £7,000 for the repeat, plus ongoing £7,000 every 28 days if not corrected. |
Disability rights in rental properties are not new — the Equality Act 2010 already imposes duties on landlords. The Renters' Rights Act strengthens them in two ways: the new Written Statement of Terms must include the tenant's right to request disability adaptations, and the abolition of Section 21 means retaliatory eviction against a tenant who requests adaptations is now structurally impossible.
Your Obligations Under the Equality Act 2010
- Reasonable adjustments to practices and policies. If a disabled tenant requests a change to how you manage the tenancy — accepting rent by a different method, providing communications in an accessible format — you must make reasonable adjustments. The duty is triggered by the tenant's request.
- Auxiliary aids and services. If a disabled tenant would be at a substantial disadvantage without an auxiliary aid (e.g. a portable ramp, large-print documents), you may be required to provide one.
- Consent to tenant-funded modifications. Under Schedule 4 of the Equality Act, a disabled tenant can request to make disability-related improvements at their own expense. You must not unreasonably withhold consent. If you refuse, you must give written reasons within 42 days.
- No requirement to make structural changes yourself. Under Part 4, you are not required to fund structural alterations to the dwelling. However, you must consent to the tenant making such changes at their own expense where reasonable.
If you manage a leasehold flat, the head lease may restrict alterations. You can reasonably refuse consent for adaptations if the superior landlord refuses — but you must actually apply for that consent. Simply assuming the freeholder will refuse is not enough, and the superior landlord must not unreasonably withhold it.
Practical Guidance for Handling Adaptation Requests
- Acknowledge the request in writing immediately. You have 42 days under the Equality Act to respond, but best practice is to respond within 14 days.
- Do not ask for medical records. You can ask for confirmation from a medical professional that the tenant has a disability and that the adaptation is related to that disability. You cannot demand to know the diagnosis.
- Assess reasonableness case by case. Consider the nature and severity of the disadvantage, the practicability of the adjustment, the cost, and whether there are alternative solutions.
- If the tenant is funding the work, you can require professional installation and restoration to original condition at the end of the tenancy — but only for modifications inside the dwelling, not common parts.
- Point tenants toward Disabled Facilities Grants. Local councils can fund adaptations through DFGs. If the tenant qualifies, this removes the cost issue entirely.
- Document everything. Keep written records of every request, your response, the reasoning behind any refusal, and any agreed conditions. Your documentation is your defence if a discrimination claim arises.
Building Compliant Processes: What This Looks Like in Practice
All three rights share a common operational requirement: documented, consistent processes that handle requests fairly and create an evidence trail.
For marketing and letting
- Remove all 'no DSS', 'no benefits', 'no children', 'professionals only', and 'working tenants only' language from every listing, website, and template — before 1 May
- Remove blanket 'no pets' from all listings. You can state 'pets considered on application'
- Ensure viewing and application processes do not ask about benefits status, family composition, or disability as screening criteria
- Apply all tenant selection criteria consistently to every applicant — references, credit checks, income-to-rent ratios including benefits income
For tenancy management
- Create a standard pet request form capturing: type, breed, size, relevant information
- Set up a tracking system for 28-day pet response deadlines — a missed deadline creates a court application right for the tenant
- Draft a standard pet consent addendum covering conditions: professional cleaning, damage responsibility, named pet only, no nuisance
- Create a template disability adaptation acknowledgement and a reasonableness assessment checklist
- Brief any staff, contractors, or agents on the new rules — your agent's discriminatory conduct is also your penalty
How We Help Landlords Stay Compliant
Managing pet requests, avoiding discriminatory practices, and handling disability adaptation requests requires documented processes and consistent application — not one-off paperwork.
- Compliant tenancy agreement templates with all new implied terms included.
- Standard pet request and response process with 28-day deadline tracking built in.
- Marketing review to remove discriminatory language before 1 May.
- Disability adaptation request handling with reasonableness assessment and documented responses.
- Documentation and evidence management for every tenant request.
- Ongoing regulatory monitoring as Phase 2 and 3 of the Renters' Rights Act are implemented.
Frequently Asked Questions
Three Rights. Real Penalties. Documented Processes Required.
Pet requests, discrimination bans, and disability adaptations all require systematic handling from 1 May — not ad hoc responses. If your current processes are not documented, consistent, and evidence-based, that is what the compliance checklist is for.