Gardens, pets, smoking, damp and pests
Can I charge pet rent instead of a pet deposit?
The short answer
Not as a separate pet charge. In England, the Tenant Fees Act 2019 bans any payment not on its permitted list, and a pet fee isn’t on it. Rent is permitted, but since 1 May 2026 you can’t accept more than the advertised rent, and can raise it only through a section 13 notice.
Key points
- The Tenant Fees Act 2019 lists the payments a landlord in England can take. Rent and a capped tenancy deposit are on it. A separate pet fee isn’t.
- Since 1 May 2026, a landlord in England can’t ask for, encourage or accept an offer above the advertised rent.
- During an assured tenancy, rent can rise only through a section 13 notice or a tribunal decision, at most once a year. Any other rent increase term has no effect.
- A pet deposit counts towards the cap of 5 weeks’ rent, or 6 weeks where the annual rent is between £50,000 and £100,000.
- A landlord in England can’t require a tenant to take out pet insurance. GOV.UK says the deposit can be used for repairs caused by pet damage.
Can a landlord charge pet rent in England?
Not as a separate pet charge. The Tenant Fees Act 2019 stops a landlord in England requiring any payment that isn’t on its list of permitted payments (Tenant Fees Act, section 1). Rent, a capped tenancy deposit, a capped holding deposit and a few defined fees are on the list (Schedule 1). A pet fee, pet charge or monthly pet supplement isn’t.
“Pet rent” isn’t a term the law uses. mydeposits describes it as an informal name for extra rent charged to tenants who keep pets. It warns that charging extra purely because a tenant has a pet may be treated as a prohibited payment, and can’t be used to get round the fee rules (mydeposits).
Is a separate pet fee a prohibited payment?
Yes, in England. GOV.UK’s guidance for landlords says you can’t charge your tenant any payment that isn’t on the permitted list (GOV.UK). A council can fine a landlord up to £5,000 for a first breach. For a second breach within 5 years, the penalty can be up to £30,000, or the landlord can be prosecuted.
The rule covers what you require from a tenant when granting, renewing or varying a tenancy (section 1). So agreeing to a pet mid-tenancy doesn’t open a door to a one-off pet fee either.
Can I advertise a higher rent for tenants with pets?
You set the rent for the property, and rent is a permitted payment. mydeposits notes that some landlords now advertise a higher rent for a tenant with a pet. It says any increase must be clear in the listing and reasonable (mydeposits).
The advert itself has been regulated in England since 1 May 2026. When you advertise a property in writing, you must state the rent as a specific amount, not a range. You and your letting agent can’t ask for, encourage or accept an offer above it (GOV.UK). Whatever figure you advertise is the most you can agree.
GOV.UK’s guidance doesn’t say whether one advert can show two rents, one with a pet and one without. It does say the rent must be a specific amount.
Can I put the rent up when my tenant gets a pet?
Not outside the section 13 process. On an assured tenancy, the rent can go up only through a section 13 notice, an agreement following one, or a tribunal decision. Any other term providing for a rent increase has no effect (Housing Act 1988, section 13).
A section 13 increase can take effect only once a year. You need form 4A and at least 2 months’ notice, and your tenant can ask the First-tier Tribunal to decide the rent (GOV.UK). A pet request doesn’t create another route, and neither does a “rent review” clause written into the tenancy agreement.
Can I take a pet deposit instead?
Only within the deposit cap. A tenancy deposit is any money held as security for the tenant’s obligations (Schedule 1, paragraph 2), so a pet deposit is part of it. The cap is 5 weeks’ rent where the annual rent is below £50,000, and 6 weeks’ rent between £50,000 and £100,000 (GOV.UK). Anything above the cap is a prohibited payment.
If the deposit you hold is below the cap, a top-up within it is still a tenancy deposit. Protect it in a scheme like the rest. mydeposits confirms separate pet deposits above the cap aren’t allowed in England (mydeposits).
Can I make my tenant take out pet insurance?
No, not in England. The Tenant Fees Act stops a landlord requiring a tenant to enter a contract of insurance with a third party (section 1(3)(b)). GOV.UK lists requiring a tenant to pay for insurance as a prohibited payment. Your tenant can still choose to take out a policy (GOV.UK).
The Renters’ Rights Act 2025 doesn’t change that. Its pet section adds the right to request a pet, with no power to require insurance (Renters’ Rights Act, section 11).
What does the Renters’ Rights Act 2025 say about pets?
It gives tenants on assured tenancies the right to ask to keep a pet. Section 11 added sections 16A and 16B to the Housing Act 1988. They came into force on 1 May 2026 for assured tenancies that aren’t social housing (commencement regulations).
- Your tenant asks in writing and describes the pet.
- You reply in writing within 28 days, or later in set cases, such as when you need a superior landlord’s consent.
- You can’t unreasonably refuse (Housing Act 1988, section 16A).
GOV.UK gives examples. Refusing because of general worries about damage, or because a previous tenant’s pet caused damage, would usually be unreasonable. A head lease that bans pets, another tenant’s allergy or a home too small for the animal are examples of a fair reason (GOV.UK). None of it adds a pet charge, a pet deposit or a pet rent.
How do I protect myself against pet damage?
With the deposit you hold and a thorough record. GOV.UK says you can keep money from the deposit to cover repair costs caused by pet damage. You can’t claim the same damage from insurance as well, which may be fraud (GOV.UK).
mydeposits says a permitted pet is likely to cause more wear than might otherwise be expected (mydeposits). Damage beyond that wear can be claimed, reduced for each item’s age. What makes that claim work is the check-in report. Record each room’s condition and cleanliness before the pet moves in, with dated photos, and do the same at check-out.
What are the rules in Wales?
Wales has its own law. Its fees Act stops a landlord requiring any payment that isn’t permitted, or requiring a contract for services (Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, section 2). Rent and a security deposit are permitted payments (Schedule 1).
The Welsh Act lets regulations set a limit on the security deposit, and any amount over that limit is prohibited (Schedule 1). mydeposits says higher deposits are still allowed outside England (mydeposits).
Check whether a limit has been set before taking a larger deposit for a pet in Wales. Whatever you take, protect it with TDS, DPS or mydeposits.
Where next?
When a tenancy with a pet ends, the deposit is what covers the damage, so the evidence matters. Read whether pet damage is ever fair wear and tear and what you can deduct from a tenancy deposit. The check-in inventory template records the home before the pet arrives. If a deduction is disputed, a deposit dispute pack sets out each one with its evidence, for you to check and submit.
Common questions
Can I charge a one-off pet fee in England?
No. A pet fee isn’t on the Tenant Fees Act’s list of permitted payments, so requiring one is a prohibited payment. A council can fine a landlord up to £5,000 for a first breach.
Can I put a rent review clause in the tenancy for when a pet arrives?
It would have no effect in England. Since 1 May 2026, rent on an assured tenancy can go up only through a section 13 notice, an agreement following one, or a tribunal decision. Any other term providing for a rent increase has no effect.
Can I refuse a pet because I can’t charge more for it?
GOV.UK’s examples of unreasonable refusals include general worries about future damage, and damage by previous tenants’ pets. A fair reason is something specific, such as a head lease that bans pets or a home too small for the animal.
Can I ask for a bigger deposit when I agree to a pet?
Only up to the cap. If the deposit you hold is below 5 weeks’ rent, or 6 weeks where the annual rent is between £50,000 and £100,000, a top-up within the cap is allowed. Protect the extra in a scheme.
Can I deduct pet damage from the deposit?
Yes. GOV.UK says you can keep money from the deposit for repair costs caused by pet damage. The usual tests apply: damage beyond fair wear and tear, shown against the check-in report, reduced for each item’s age. Don’t also claim it on insurance.
Sources
The facts on this page come from these official sources, checked on 19 October 2026.
- Tenant Fees Act 2019, section 1legislation.gov.uk
- Tenant Fees Act 2019, Schedule 1 (permitted payments)legislation.gov.uk
- Housing Act 1988, section 13 (rent increases)legislation.gov.uk
- Housing Act 1988, section 16A (request to keep a pet)legislation.gov.uk
- Renters’ Rights Act 2025, section 11legislation.gov.uk
- Renters’ Rights Act 2025 (Commencement No. 2) Regulations 2026, regulation 2legislation.gov.uk
- GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)gov.uk
- GOV.UK: Assured periodic tenancies, a guide for landlordsgov.uk
- GOV.UK: If a tenant wants a pet to live with themgov.uk
- mydeposits: Pet rent and pet deposits, rules for landlords and tenantsmydeposits.co.uk
- mydeposits: A guide on the life expectancy of rental property productsmydeposits.co.uk
- Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, section 2legislation.gov.uk
- Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019, Schedule 1legislation.gov.uk