Can a Landlord Increase Rent for Pets in England?
The Short Answer
You cannot make a Section 13 rent increase the condition of granting pet consent. A separate pet fee or surcharge demanded for consent is a prohibited payment under the Tenant Fees Act 2019, and a local housing authority can impose a civil penalty of up to £5,000 for a first breach.
That does not mean rent can never go up once a pet lives in the property. It means the increase must follow the statutory route — Section 13 of the Housing Act 1988 — and it cannot be conditional on the pet.
How Section 13 Rent Increases Work
Since the Renters' Rights Act 2025 converted every assured shorthold tenancy into an assured periodic tenancy on 1 May 2026, rent increases for assured periodic tenancies in the private rented sector follow these rules:
- Once per year. A landlord cannot increase the rent in the first 12 months of a new tenancy. After that, a Section 13 notice (Form 4A) can propose an increase no more than once in any 12-month period.
- Market rent only. The proposed rent must reflect the open market rate for a comparable property in the same area. A tenant who considers the increase excessive can refer it to the First-tier Tribunal (Property Chamber), which can determine the open-market rent.
- No bidding. Section 56 of the Renters' Rights Act bans landlords from inviting, encouraging, or accepting rent offers above the advertised price. For a new tenancy, a landlord can set and advertise the asking rent up front; a tenant cannot be asked to bid above it.
A Section 13 increase that follows a pet consent may still be lawful if it meets the statutory timing and open-market rules. It cannot be made the price of consent or treated as a separate pet surcharge.
What Counts as a Prohibited Payment
The Tenant Fees Act 2019 lists the payments a landlord can lawfully require from a tenant in England. These include rent, capped tenancy deposits, holding deposits capped at one week's rent, specified payments for tenancy changes or ending a tenancy early, utilities and other listed bills, and certain default fees. A payment outside the permitted categories is prohibited.
That means you cannot charge:
- A one-off "pet consent fee"
- A separate monthly "pet surcharge" demanded for consent during an existing tenancy
- A separate "pet deposit" that takes the total above the applicable cap: five weeks' rent where annual rent is below £50,000, or six weeks where it is £50,000 to £100,000
- Mandatory tenant-paid pet insurance as a condition of consent
A first breach can carry a civil penalty of up to £5,000. A second or later breach within five years of a previous financial penalty can bring a civil penalty of up to £30,000 or prosecution; if prosecuted and convicted, the fine can be unlimited.
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What You Can Do Instead
The law restricts how you recover pet-related costs, but it does not leave you without options.
Landlord pet damage insurance. You can purchase your own landlord pet protection policy. The cost sits with you, not the tenant, so it does not breach the Tenant Fees Act. Several specialist landlord insurers offer add-ons covering pet damage above normal wear and tear.
Voluntary tenant insurance. You can suggest — not require — that a tenant takes out contents insurance covering pet liability. Frame it as a recommendation in the consent letter. If the tenant declines, that is the end of it; refusal to buy voluntary insurance is not grounds to refuse the pet request.
Inventory evidence. A detailed check-in inventory with dated photographs is your strongest tool for recovering pet damage costs from the tenancy deposit at check-out. The deposit protection scheme adjudicator will compare the check-in record with the check-out evidence, and deductions for damage beyond fair wear and tear are routinely upheld where the documentation is clear.
Section 13 at the next annual review. If comparable properties in your area that permit pets command higher rents, you can reflect that in your next Form 4A notice — provided the increase follows the statutory timing rules and is supported by market evidence, not framed as a pet surcharge. The Tribunal will assess the proposed rent against the open market.
Timing Matters
Even a lawful Section 13 increase cannot take effect mid-way through a rent period. The notice must give at least two months' warning, and the new rent starts on a rent due date at least two months after the notice is served. If the tenancy is otherwise eligible for an increase, the effective date may be roughly three months away for a monthly tenancy, depending on the rent due date and the 12-month limit; the increase must be justified by market comparables, not by the pet.
The Practical Takeaway
The pet request process and the rent increase process are separate statutory tracks. One runs under Section 16A (28-day response clock, reasonable-refusal test). The other runs under Section 13 (annual notice, market rent, Tribunal challenge right). Making consent conditional on a separate payment risks breaching the Tenant Fees Act; any rent increase must independently meet Section 13's rules.
If you want a step-by-step system for handling the pet request itself, including the financial compliance rules, the Tenant Pet Requests Guide walks through the entire process from intake to written decision.
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