Pet Deposit Cap and the Tenant Fees Act: What Landlords in England Need to Know

The 5- or 6-Week Cap Applies to Everything

The Tenant Fees Act 2019 caps the total tenancy deposit at five weeks' rent (where annual rent is below £50,000) or six weeks' rent (where annual rent is £50,000 or more). That cap covers all deposit money — there is no separate allowance for a "pet deposit."

If you have already taken a five-week deposit at the start of the tenancy, you cannot demand additional money when the tenant requests a pet. Asking for a top-up, a separate pet bond, or a "pet damage deposit" on top of the existing capped amount is a prohibited payment under the Act.

The penalty for requiring a prohibited payment is significant. Local housing authorities can impose civil penalties of up to £5,000 for a first breach and up to £30,000 for repeat offences. The council may also require the landlord or agent to repay the prohibited payment, and the tenant can apply to the First-tier Tribunal for repayment under the Act.

What About a New Deposit If You Took Less Than the Cap?

If the original deposit was below the five-week maximum, you technically have room. But you cannot require additional deposit money as a condition of granting pet consent — that would be a prohibited payment tied to the granting of a tenancy right. The Tenant Fees Act lists exhaustively what landlords can charge, and a conditional pet payment is not on the list.

In short: the deposit is set at the start of the tenancy. You cannot increase it mid-tenancy as a condition of permitting a pet.

Deposit Protection Still Applies

Whatever deposit you hold must be protected in one of the three government-authorised tenancy deposit schemes (TDS, DPS, or mydeposits) within 30 days of receipt. This obligation does not change because a pet is involved. At the end of the tenancy, any deduction for pet damage follows the same adjudication process as any other damage claim.

The protection requirement is the reason careful inventory documentation matters so much when pets are in the picture — it is the inventory, not the deposit amount, that determines whether a deduction succeeds at adjudication.

How to Protect Against Pet Damage Financially

You cannot charge extra for pet permission, but you can take practical steps within the law:

Detailed check-in inventory. Photograph every surface, carpet, door frame, and garden area before the pet arrives. Date-stamp everything. This baseline is your evidence at deposit adjudication if damage occurs.

Mid-tenancy inspections. Schedule regular inspections (with proper notice) and document the property's condition. Catch damage early rather than discovering it at checkout.

Reasonable conditions on consent. When granting pet consent, you can attach reasonable conditions: the animal must be house-trained, vaccinations must be current, flea treatment maintained. These conditions create an enforceable framework.

Landlord pet damage insurance. You can purchase your own insurance policy that covers pet-related damage. The cost is yours, not the tenant's — but it provides financial protection beyond the deposit.

The Tenant Pet Requests guide includes a financial compliance checklist covering deposit rules, lawful conditions, and an inventory baseline protocol designed specifically for pet-related deposit adjudication.

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