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Case Files · No. 01 · Lettings

Case File No. 01: The landlord said no to the dog

6 November 20264 min read
Case File No. 01 cover. The landlord said no to the dog. Can he? A tenant's pet request lands on your desk. Drawing of a terraced house front door with a red dog lead on the handle.

Harrison & Co Case Files is a fortnightly case study from LETiQ. Each issue puts you behind the desk at Harrison & Co, our fictional agency, with a real problem, the law that governs it, and what a good agent does next.

Since 1 May, every private tenant in England has had the right to ask for a pet. Most agents know that much. Far fewer know the deadlines, or what to do when a head lease gets in the way. Here's a case with both.

The case

Card 1, The case: "No pets. Never." On 2 October Mrs Okafor asks to keep Biscuit, her cockapoo, in the leasehold flat she has rented for three years. Mr Hale refuses because the last tenant's cat ruined the carpets. The head lease needs the freeholder's written consent. It's 20 October.

Mrs Okafor has rented a flat through Harrison & Co for three years. On 2 October she emails asking to keep Biscuit, her three-year-old cockapoo.

Mr Hale, the landlord, replies in one line: "No pets. Never. The last tenant's cat ruined the carpets."

Then you pull the file. The flat is leasehold, and the head lease says no animals without the freeholder's written consent. Nobody has asked the freeholder anything. It's now 20 October.

Your move

Card 4, Your move: You're the agent. What do you do? A: send Mrs Okafor Mr Hale's refusal, it's his flat and his decision. B: tell her yes, a blanket ban won't stand so the head lease doesn't matter. C: advise Mr Hale in writing, ask the freeholder for consent before 30 October, and tell Mrs Okafor where things stand.

Three options, and each has a plausible pull. Which would you pick? Settle on A, B or C before you read on.

What the law says

Card 2, What the law says: 28 days from a written request to a written decision. Plus 7 days after the tenant answers, if more information is asked for within the 28 days. Plus 7 days after the freeholder replies, but only if consent is asked for within the 28 days. In this case: request on 2 October, decision or freeholder consent request by 30 October. No unreasonable refusals, no extra rent or deposit for a pet, and the tenant can go to court.

The detail that catches agents out is the last column. The freeholder extension only counts if consent is asked for within the 28 days. Leave it until day 29 and Mr Hale is already out of time.

One more thing worth knowing. A tenant who gets an unreasonable refusal, or no answer at all, can take it to the county court.

Reasonable or not?

Card 3, Reasonable or not? Likely to be reasonable: an allergy in the household or a sharing tenant; the property is too small for the pet; the animal is illegal to own; the freeholder refuses after the landlord has properly asked. Usually not reasonable: "I don't like pets"; "the last tenant's cat ruined the carpets"; "it might cause damage" or "it might put off future tenants"; the tenant needs an assistance animal.

Government guidance gives examples rather than a list, but the pattern is clear. A good reason is about this pet, this property or this lease. Never about the last tenant.

So Mr Hale's reason won't hold. The head lease, though, could be a perfectly good one, if the freeholder says no.

What the agent must do

Card 5, What the agent must do: Day 28 is 30 October, work back from it. 1, log the request with the date, the pet and the day-28 deadline. 2, read the head lease and write to the freeholder before 30 October. 3, fill any gaps early, asking inside the 28 days. 4, advise the landlord in writing. 5, keep the tenant informed. 6, decide in writing, with reasons, then update the file and the inventory.

Six steps, and every one leaves a paper trail. That's the point. If Mrs Okafor ends up in court, your file is the agency's evidence that it did its job.

Advising your landlord

Card 6, Advising your landlord: what to tell Mr Hale, before he digs in. The risk: refusing because of the last tenant's cat is unlikely to stand, Mrs Okafor can ask the court to order consent, and a missed deadline counts against him. How he's protected: the deposit still covers damage beyond fair wear and tear, and a written consent naming Biscuit, check-in photos and inspections give him evidence. What he can't do: put the rent up, take a bigger deposit, insist on pet insurance, or ignore the deadline. If the freeholder says no, refuse in writing and enclose the freeholder's reply.

Mr Hale isn't being difficult for the sake of it. He's been burnt before. Start with what worries him, then explain where the law now sits: his reason won't hold, the deposit still protects him, and digging in risks a court order.

If the freeholder does refuse, that's his answer. Refuse in writing and enclose the freeholder's reply.

Case closed

Card 7, Case closed: the answer is C. Mr Hale's reason won't hold, but the head lease might. A is a refusal waiting to be challenged; B ignores the freeholder. Ask the freeholder in time, advise the landlord in writing, and give the tenant a reasoned decision. Drawing of a case file stamped Closed.

The answer is C.

A leaves your client exposed. B could put him in breach of his own lease. C deals with both, and covers the agency whichever way the freeholder answers.

The bigger lesson? Under the new rules, the deadline is usually the first thing to go wrong, long before anyone argues about the dog.

Over to you

Did you pick C? And has a pet request landed on your desk since May? Tell me how it went on LinkedIn.

The next Case File lands on Friday 20 November. Sign up below and it comes to you.

Cases like this are the heart of the Propertymark Qualifications Level 3 Certificate in Property Agency. Our next open cohort starts on Tuesday 19 January 2027, taught live on Zoom. If you'd like to get qualified, or get your team there, see the January cohort or book a discovery call.

Claudia Brown FARLA, LETiQ

Harrison & Co is a fictional agency, and Mrs Okafor, Mr Hale and Biscuit are invented. This article is general information on the law in England as at 25 October 2026, not legal advice.

Sources

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