Pets, Children & Benefits

The Online Letting Agents · Renters’ Rights Act Guidance

Pets, Children & Benefits: A Guide for Landlords

How to respond to pet requests, assess applications fairly and comply with the rules protecting families and tenants receiving benefits in England.

The key points

Since 1st May 2026, landlords of private assured tenancies in England must consider written requests to keep pets and must not discriminate against applicants or tenants because they have children or receive benefits.

Landlords can still make evidence-based decisions about suitability, affordability and reasonable pet requests. The important distinction is between a legitimate, individual assessment and a blanket prohibition.

1. Pets: what landlords need to know

Tenants can request permission to keep a pet under the Renters’ Rights Act. The request must be in writing and describe the animal. Consent must not be unreasonably refused.

How to handle a request

  1. Record the date the written request arrives.
  2. Review the animal’s type, size, needs and suitability for the property.
  3. Check any superior lease restrictions and seek necessary superior-landlord consent promptly.
  4. Ask for relevant additional details if reasonably needed.
  5. Reply in writing with a decision and, if refusing, clear reasons.

Response deadlines

Normally 28 days from the tenant’s written request.

If further information is reasonably requested within that period, the response deadline may extend to the later of the original deadline or seven days after the information arrives.

Separate timing provisions apply when superior-landlord consent is required or a different date is agreed with the tenant.

When might refusal be reasonable?

  • The property is genuinely unsuitable for the particular animal, considering its size and needs.
  • There is a relevant allergy affecting someone living at the property.
  • Keeping the animal would breach a superior lease restriction and the necessary consent cannot be obtained despite reasonable steps.
  • The animal cannot lawfully be kept.

General dislike of pets, previous bad experiences or an unsupported fear of damage are not normally sufficient reasons by themselves. Each request should be considered on its merits.

Important for leasehold properties: Check the headlease or superior lease rather than promising consent immediately. A restriction imposed by a superior landlord can be relevant, but the statutory process still needs to be followed.

Deposits, damage and assistance animals

Landlords cannot simply impose an additional pet deposit outside the normal tenancy-deposit rules. Existing deposit protection and ordinary claims for proven damage remain relevant. Do not charge for fair wear and tear or recover the same loss twice.

Requests involving assistance animals may also engage disability discrimination and reasonable-adjustment duties under the Equality Act 2010. These should be handled with particular care.

Read the official GOV.UK guidance on pet requests →

2. Children: can landlords refuse families?

Landlords and letting agents must not discourage or refuse an applicant simply because children under 18 live at, or would visit, the property. This also applies to existing tenants whose family circumstances change.

Practices to avoid

  • Advertising a property as “no children” or “adults only” without a lawful exception.
  • Automatically rejecting families with young children.
  • Refusing viewings because an applicant has children.
  • Using a tenancy clause that prohibits children where the law does not allow it.

Legitimate considerations

  • Legal overcrowding limits and property size.
  • Relevant property-licence occupancy conditions.
  • Specific safeguarding or suitability concerns supported by evidence.
  • Whether a restriction is a proportionate way of achieving a legitimate aim.

Restrictions involving children are narrowly assessed. For example, genuine overcrowding or licensing constraints may justify a decision, but a general preference for adult tenants does not.

Practical example: A one-bedroom flat may not be suitable for a large household because of lawful occupancy limits. The decision should be explained using the actual occupancy criteria, not simply because the applicants have children.

Read GOV.UK guidance on renting with children →

3. Benefits: fair advertising, referencing and affordability

Landlords cannot reject or discourage applicants just because they receive Universal Credit, Housing Benefit, disability-related benefits, pension benefits or other relevant state support. Blanket “No DSS” or “no benefits” policies are not acceptable.

Can landlords still carry out affordability checks?

Yes. Landlords can assess whether the applicant can reasonably afford the rent, verify income and carry out referencing. However, benefit income must be considered fairly alongside other forms of income rather than ignored or automatically discounted because of its source.

  • Use consistent, relevant affordability criteria for all applicants.
  • Include applicable benefit income when assessing ability to pay.
  • Consider reliable evidence of income and any lawful guarantor arrangements consistently.
  • Record the actual reason for a decision, rather than referring to benefit status.
  • Ensure advertisements, agents and referencing providers follow the same standards.
Mortgage and insurance clauses: Discriminatory terms in mortgage agreements and superior leases cannot be relied upon. There is a limited transitional exception for qualifying insurance contracts entered into before 1st May 2026, ending when the policy expires or renews. Check the precise position before relying on it.

Read GOV.UK guidance on applicants receiving benefits →

4. What should landlords and letting agents do now?

  1. Review adverts and application forms. Remove blanket exclusions for children, benefit claimants or pets.
  2. Update tenancy wording. Do not rely on clauses that conflict with current law.
  3. Document decisions. Keep written records of pet requests, responses and relevant evidence.
  4. Review referencing practices. Ensure benefits are considered fairly in affordability assessments.
  5. Check leasehold and licensing rules. Identify genuine restrictions without assuming they automatically justify blanket refusals.
  6. Train anyone acting for you. Agents and referencing services must also follow the rules.

Local authorities can investigate unlawful rental discrimination and may impose civil penalties. Other legal duties, including the Equality Act 2010, can also apply.

Frequently asked questions

Do landlords have to accept every pet?

No. Landlords must consider written requests individually and cannot refuse unreasonably. Property suitability, superior-lease restrictions and other relevant circumstances can justify refusal.

How long do landlords have to respond to a pet request?

Normally 28 days in writing. Statutory extensions can apply when further information or superior-landlord consent is needed, or a later date is agreed.

Can I charge a higher deposit because a tenant has a pet?

You cannot bypass the statutory deposit cap by adding a separate pet deposit. Proven damage can be addressed through lawful deposit deductions or other available remedies.

Can I advertise a property as unsuitable for children?

Only where there is a genuine, legally defensible reason. Blanket exclusions are unlawful. Overcrowding, licensing and specific safeguarding concerns may be relevant depending on the circumstances.

Can I refuse an applicant who receives Universal Credit?

Not simply because they receive Universal Credit. You can make a fair affordability assessment that takes account of relevant benefit income alongside other income.

What if the mortgage or lease says no benefits or children?

Such discriminatory restrictions in mortgages or superior leases cannot generally be relied upon under the new rules. A limited exception may apply to qualifying pre-1st May 2026 insurance contracts until renewal or expiry.

Need a helping hand?

Unsure how to respond to a pet request, assess an application or update your tenancy paperwork? The Online Letting Agents can help landlords navigate their obligations and manage the letting process professionally.

Contact TOLA →   |   03300 883973   |   Email our team

Official sources and further reading

Reviewed: 29th October 2026. Disclaimer: General guidance for private landlords in England, not legal advice. The application of exceptions depends on individual circumstances. Check current official guidance before acting.