Landlords across the UK are being warned of a critical deadline for responding to tenant pet requests after it emerged that a widely publicised 42-day timeframe was actually based on an earlier draft of the legislation. In reality, the law demands a response within just 28 days – with significant implications for those who fail to comply.
This clarification has been prompted by property experts highlighting how the 42-day figure originated from an outdated version of the Renters' Rights Act. The final Act explicitly states in section 11 that landlords have a strict 28-day limit to respond in writing to a tenant's pet request, amending the Housing Act 1988 with a new section 16A.
The consequences of missing this deadline are substantial. If a landlord fails to respond within the allotted 28 days, the tenant's request is automatically considered granted – a concept known as 'deemed consent'. This means they can lawfully keep the pet despite the landlord's initial reservations. Moreover, non-compliance with the Act may lead to enforcement action by local housing authorities, including civil penalties of up to £7,000 for first-time breaches.
Landlords are advised to implement a structured process for handling these requests. This includes ensuring written submissions (email is acceptable), immediately date-stamping and acknowledging receipt, and thoroughly evaluating the request. Valid reasons for refusal are limited and must be documented; these encompass restrictions from freeholders, property unsuitability for specific animals, or building management rules. A blanket 'no pets' policy can no longer be enforced.
While landlords can attach conditions to their consent – such as requiring tenants to maintain pet damage insurance – it's essential to remember that charging a higher deposit specifically for pets remains prohibited under the Tenant Fees Act 2019. Limited extensions to the 28-day window are permissible if further information is required from the tenant or freeholder consent is needed, but these come with their own strict secondary deadlines.