Pets in Scottish rented homes: preparing for the new right to request 

The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025 and is set to reshape parts of Scotland’s rental sector. One of the most significant changes for pet owners is the introduction of a clearer right to request permission to keep a pet. Rather than allowing blanket refusals, the new framework requires landlords to consider requests fairly and give evidence-based reasons where permission is refused. 

This change is intended to create a fairer balance between tenants who want to keep pets and landlords who need to protect their properties. It gives tenants a formal route to make a request, while allowing landlords to consider practical concerns such as property suitability, building restrictions, and insurance. Here is a practical look at what the changes mean and how landlords, agents, and tenants can prepare. 

 

What is the new pet law? 

For years, pet ownership has been a major sticking point in the rental market. Many landlords defaulted to strict “no pets” rules to avoid property damage, leaving responsible pet owners struggling to find suitable places to live. 

The new framework replaces blanket bans with a more transparent, evidence-based process. Instead of relying on fixed no-pet policies, landlords will be expected to consider the circumstances of each request and explain their reasoning where permission is refused. 

When will Scotland’s new pet legislation come into force? 

While England’s pet law was implemented through phase one of the Renters’ Rights Act on 1 May 2026, Scotland is operating on a two-tier timeline:  

  • Social Housing (Scottish Secure Tenancies): The pet provisions officially came into force on 1 August 2026, giving social housing tenants the active right to request permission 
  • Private Rented Sector: At the time of writing (24 September 2026), a specific commencement date has not yet been finalised. The Scottish Government is undergoing further consultation to draft secondary legislation that will outline specific “reasonable grounds” for refusal before opening the process to private tenants  

Scotland is taking a staged approach to pet-related changes. Some provisions are already in force for social housing, while the position for the private rented sector still depends on further commencement regulations and guidance. This means private landlords, letting agents, and tenants should treat the changes as forthcoming rather than fully operational. 

For now, existing tenancy agreements remain in place. Landlords, agents, and tenants should use this period to familiarise themselves with the changes ahead and start reviewing their current arrangements. 

How should landlords and agents prepare? 

Getting organised now will make the eventual transition much smoother. Landlords and letting agents should start reviewing their current portfolios with an eye on: 

  • Current tenancy agreements: Check how pet clauses are currently worded 
  • Property layout and suitability: Consider the size and outdoor access of each property 
  • Title deeds and headleases: Look for existing restrictions, especially in blocks of flats or tenements 
  • Factoring rules: Confirm whether the property’s building factors have their own rules regarding animals in communal areas 
  • Insurance policies: Check your current landlord insurance terms regarding pets 

Top tip: Instead of relying on a one-size-fits-all rule, assess each request based on the specific property and the specific animal. Being able to show that you considered the facts will be your best defence if a refusal is ever challenged at a tribunal. 

What do the new pet rules mean for tenants? 

For tenants, the legislation brings greater transparency and a clearer process for requesting permission to keep a pet. Rather than facing an unexplained refusal, tenants will be entitled to understand the landlord’s reasoning behind any decision. 

The new framework should also encourage more constructive conversations between landlords and tenants about responsible pet ownership and whether a particular property is genuinely suitable for a particular animal. 

That said, tenants should keep expectations realistic. Not every home will suit every pet. Property size, access to outdoor space, and building-specific restrictions will continue to play a significant role in whether a request is approved. 

How can tenants apply for a pet request? 

The exact process may depend on the final regulations, but tenants can start by making sure any request is clear, written, and supported by relevant details about the pet. 

  • Written application: Tenants must submit a written request detailing the pet they wish to keep 
  • 30 day response window: Once the landlord receives that written request, they have exactly one month to reply in writing 
  • Deemed consent: If a landlord does not respond to a valid written request within the required timescale once the relevant provisions are in force, consent may be treated as having been granted. Tenants should still keep a clear written record of their request and any follow-up communication 
  • Agreeing on terms: Landlords cannot issue a flat refusal without a reasonable basis, but they may be able to set sensible, proportionate conditions, such as expectations around noise, cleanliness, or property damage. A full refusal should be supported by valid reasons, such as property size, building restrictions, or other relevant constraints 

Can landlords charge a pet deposit in Scotland? 

Scotland’s cap on tenancy deposits remains completely unchanged. Landlords cannot request any additional financial security beyond the standard tenancy deposit, which remains legally capped at a maximum of two months’ rent. 

This means landlords should focus on other forms of protection, such as thorough inventories, regular property inspections, and clear written communication about expectations.  

To help bridge this gap, our partner brand, Total Landlord Insurance, provides up to £2,500 of cover for pet damage to buildings or contents. For landlords looking for peace of mind when renting to pet owners, this specialist insurance protects against damage above normal wear and tear caused by pets, such as scratching. 

How should landlords and agents respond to pet requests? 

A balanced, well-documented approach is the most effective way forward. When assessing a request, consider: 

  • The type, size, and age of the animal 
  • The suitability of the property for that specific pet 
  • Previous references from landlords or letting agents, where available 
  • Any building or title deed restrictions 
  • Insurance implications for the tenancy 

Documenting the reasoning behind approvals and refusals will become increasingly important once the legislation is in force, particularly if a decision is ever queried or disputed. 

Preparing for the change 

One size rarely fits all when it comes to pets in rented homes, and the same is true of Scotland’s private rented sector. The most important step landlords and agents can take now is to review tenancy agreements, property restrictions, and insurance policies before the pet provisions come into force. 

As with any regulatory change, staying informed early makes for a smoother transition later.  

  • Frequently asked questions

    • Do landlords in Scotland have to accept all pet requests under the new law?

      No. Landlords retain the right to refuse a pet request where there’s a reasonable basis for doing so, such as property suitability, building restrictions, or insurance conditions. They will, however, need to explain their reasoning if a request is refused.

    • Will tenants be able to keep any pet they want once the law changes?

      No. The legislation gives tenants the right to formally request permission for a pet, not an automatic right to keep one. Landlords can still assess and refuse requests on reasonable grounds. 

    • Can a landlord charge extra for a pet-friendly tenancy in Scotland?

      No. Landlords cannot charge a separate pet deposit. The maximum tenancy deposit remains capped at two months’ rent under existing Scottish deposit legislation.

    • What should landlords do before the new pet rules come into force?

      Landlords should review tenancy agreements, check for title deed or factoring restrictions, confirm insurance conditions, and move away from blanket “no pets” policies in favour of case-by-case assessments.