Requesting consent to keep a pet HA 1988 s. 16A
Under HA 1988 s. 16A, tenants can request to keep a pet. Landlords cannot unreasonably refuse and must reply in writing within 28 days, or 7 days after info.
It is an implied term of every assured tenancy to which this section applies that— a tenant may keep a pet at the dwelling-house if the tenant asks to do so in accordance with this section and the landlord consents; such consent is not to be unreasonably refused by the landlord; the landlord is to give or refuse consent in writing on or before the 28th day after the date of the request, except as provided by subsections (2) to (5). Where the landlord reasonably requests further information from the tenant about the pet on or before the 28th day after the date of the tenant’s request— if the tenant provides that information, the landlord may delay giving or refusing consent until the 7th day after the date on which the tenant provides any further information that the landlord requests; if the tenant does not provide that information, the landlord is not required to give or refuse consent. Where— the keeping of the pet at the dwelling-house would require the landlord to obtain the consent of a superior landlord under the terms of a superior tenancy, and the landlord seeks the consent of the superior landlord on or before the 28th day after the date of the tenant’s request, the landlord may delay giving or refusing consent until the 7th day after the date on which the landlord receives consent or refusal from the superior landlord. Where the landlord and the tenant agree that the landlord may delay giving or refusing consent, the landlord may delay until whatever date is agreed between the landlord and the tenant. Where more than one of subsections (2) to (4) apply, the landlord may delay until the latest date to which the landlord may delay giving or refusing consent under any of the subsections. This section applies to every assured tenancy other than a tenancy of social housing, within the meaning of Part 2 of the Housing and Regeneration Act 2008 .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section inserts an implied term into assured tenancies that allows a tenant to keep a pet at the dwelling-house if they ask for permission in line with this section and the landlord consents. The landlord cannot unreasonably refuse consent and must give or refuse consent in writing on or before the 28th day following the date of the request.
If the landlord reasonably asks for further information about the pet on or before the 28th day, the landlord may delay giving or refusing consent until the 7th day after the tenant provides that information. If the tenant fails to provide the requested information, the landlord is not required to grant or refuse consent.
Where keeping the pet requires consent from a superior landlord, and the landlord seeks that consent on or before the 28th day, the decision may be delayed until the 7th day after the superior landlord consents or refuses. Landlords and tenants may also agree on a custom delay date. This provision applies to assured tenancies, excluding social housing tenancies covered by Part 2 of the Housing and Regeneration Act 2008.
When it applies
- A private tenant under an assured tenancy submits a written request to keep a dog in their rented home.
- A landlord asks for details regarding a proposed pet's age and training before deciding whether to grant consent.
- A landlord delays responding to a pet request while seeking permission from a superior landlord under a head lease.
What this section does not say
- Social housing tenancies within Part 2 of the Housing and Regeneration Act 2008.
- Further statutory requirements regarding pet requests, which are set out in ha1988s.16b.
Related sections
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This page reproduces the text of HA 1988 s. 16A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.