Requests for consent to keep a pet HA 1988 s.16B
Defines 'keeps a pet'; requires written request; lists when landlord can refuse (e.g., breach of superior landlord); court may order specific performance.
For the purposes of section 16A, a tenant keeps a pet at a dwelling-house if the tenant permits the pet to live at the dwelling-house (whether or not the tenant is the owner of the pet). Section 16A does not limit the terms that may be agreed in relation to the presence at the dwelling-house of pets which do not live there. The tenant’s request under section 16A must— be in writing; include a description of the pet for which consent is sought. The circumstances in which it is reasonable for a landlord to refuse consent include those in which— the pet being kept at the dwelling-house would cause the landlord to be in breach of an agreement with a superior landlord; an agreement between the landlord and a superior landlord prohibits the keeping of a pet at the dwelling-house without consent of the superior landlord, and the landlord has taken reasonable steps to obtain that consent but the superior landlord has not given it. In proceedings in which a tenant alleges that the landlord has breached the implied term created by section 16A, the court may order specific performance of the obligation.
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 provision fleshes out section 16A, which gives tenants the right to request consent to keep a pet. It says a tenant 'keeps a pet' if the pet lives at the property – even if the tenant does not own it. Visiting pets that do not live there are not covered by the implied term.
The tenant's request must be in writing and include a description of the pet. The landlord may reasonably refuse if allowing the pet would break an agreement with a superior landlord (the landlord's own landlord), or if the superior landlord's agreement bans pets and the landlord has tried but failed to get that superior landlord's consent.
If the tenant sues for breach of the implied term, a court can order the landlord to do what was promised – known as specific performance.
When it applies
- A tenant sends a written request to keep a hamster, describing it as a dwarf hamster, but the landlord refuses because the head lease says no pets and the landlord never asked the freeholder.
- A landlord asks the freeholder for permission to allow a dog, the freeholder refuses, and the tenant argues the refusal is unreasonable.
- A tenant's friend brings a dog to stay for two weeks; the landlord says that counts as keeping a pet without consent under s.16A, and s.16B clarifies that living at the dwelling (even temporarily) qualifies.
- A tenant verbally asks to keep a cat; the landlord says the request must be in writing under s.16B, and the tenant now writes a formal request.
- A tenant goes to court to force the landlord to allow a pet, and the judge considers whether to order specific performance.
What this section does not say
- It does not cover disputes about service animals or assistance dogs – those are governed by separate disability discrimination laws.
- It does not define all possible reasonable grounds for refusal – only two examples are given, and other reasons may still be reasonable under s.16A.
- It does not apply to pets that merely visit and do not live at the property – those are left to the tenancy agreement terms.
- It does not address what happens if the tenant's pet description is inaccurate or misleading.
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This page reproduces the text of HA 1988 s. 16B 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.