Pet Ownership and The Renters Rights Bill 2025 – how does this fit in with leasehold properties?

The Renters Rights Bill is currently at the committee stage in the House of Lords and so is not yet law.  However, the Bill states that landlords who let their properties to a tenant under an Assured Shorthold Tenancy Agreement will no longer be able to place a blanket ban on tenants keeping pets. 

What if the landlord’s title to their property is leasehold? 

Typically, long leases of residential properties contain restrictions on residents owning and keeping pets in the property. Each lease will need to be reviewed to see whether there is a total ban on keeping pets or a qualified right restricting the type of animal to common domestic pets such as a cat, dog, or bird. 

Where the lease prohibits the tenant from keeping a pet

In all cases, landlords should be very careful where the lease contains a complete ban on the keeping of pets. 

In the case of Duval v 11-13 Randolph Crescent Ltd [2020] UKSC18, the Supreme Court ruled that when a landlord is bound by a covenant to enforce the terms of the lease against other tenants of the building, and where (as was in this case) the lease includes an absolute prohibition on structural alterations, the landlord cannot grant consent for such alterations. Doing so would constitute a breach of the landlord’s covenant to the other tenants, namely the obligation to uphold and enforce the covenants contained in their respective leases.

Following the principle laid down by the Duval case, if the landlord gives consent to a tenant to keep a pet when the lease prohibits pets, then if challenged by other tenants of the building, the landlord will likely find themselves liable for breach of lease themselves. 

Assuming the lease does allow for the tenant to keep a pet 

There are wider provisions in the lease which also need to be considered including the obligations on the owner/occupier not to cause or allow to be caused any damage to the common  parts or adjoining premises and not to cause or allow to be caused any nuisance or annoyance to other owners and occupiers of the building.   

The landlord will want assurance that the pet is suitable for the property, remains under control, and is properly supervised at all times. Additionally, the pet must not cause disturbances, such as excessive noise, fouling, or damage to amenity land, common areas, or adjoining premises. The tenant may also be required to obtain insurance to cover any potential damage caused by the pet.

Revoking consent

When granting consent, the landlord may reserve the right to revoke it if the owner acts irresponsibly in managing the pet, if the pet becomes a nuisance, or if it causes damage to amenities, common areas, or adjoining premises. Revocation of consent could necessitate the pet’s removal and permanent rehoming.

If consent is revoked, and the owner or occupier fails to remove the pet in a timely manner, landlords may encounter significant challenges, including costly and protracted litigation to enforce compliance.

SE-Solicitors provide clients with guidance on pet licences, along with a range of other licensing matters. For more information about our Property Portfolio Management services, including Debt Recovery, please click here.