If you have a pet or plan to get one, the no-pets clause in your lease could be one of the most consequential provisions in the entire agreement. But its enforceability varies dramatically between jurisdictions — and in several places, the rules have changed recently in favour of pet-owning tenants.
United Kingdom: New Restrictions on No-Pets Clauses
In England, the government updated the model residential tenancy agreement in 2021 to make blanket no-pets clauses less common. Under the model tenancy agreement (which landlords are encouraged but not required to use), landlords must agree to pet requests unless there is a "good reason" to refuse. The updated guidance specifies that tenants can ask to keep pets, and landlords must respond within 28 days.
The Renters' Rights Bill (expected to receive Royal Assent in 2025) is likely to formalise this further, introducing a statutory right for tenants to request pets with landlords only able to refuse on reasonable grounds. If passed, landlords who impose blanket no-pets clauses may face challenges. Currently, however, a no-pets clause in an AST remains generally enforceable — breaking it could still be grounds for possession proceedings.
Assistance animals: No-pets clauses cannot lawfully be used to prevent a tenant from keeping an assistance animal (guide dogs, hearing dogs, etc.) — this would constitute disability discrimination under the Equality Act 2010.
Scotland: Different Rules Apply
Under Scotland's Private Residential Tenancy regime, the Scottish Government's Model Private Residential Tenancy Agreement recommends that landlords should not unreasonably withhold consent for pets. While no-pets clauses are not void in Scotland, they are generally considered unreasonable if the landlord cannot demonstrate a legitimate reason for refusal (e.g., a formal owners' corporation restriction, documented allergy, property not suitable for the animal).
United States: State by State
California
California law does not prohibit no-pets clauses for standard pets. Landlords can legally ban dogs, cats, and other common pets. However, under the Fair Housing Act (federal law), landlords must provide "reasonable accommodations" for assistance animals — including emotional support animals — even if the lease has a no-pets clause. Service animals and ESAs are not "pets" under this framework and cannot be excluded.
New York
New York City has a unique "no-pets waiver" rule (NYC Admin Code § 27-2009.1): if a tenant openly and notoriously keeps a pet for at least three months with the landlord's knowledge, and the landlord does not take action within three months of learning about it, the no-pets clause is deemed waived. This is the "three-month rule" and it is frequently litigated.
Other States
In most US states, no-pets clauses are enforceable as written. Penalties for violation can include lease termination. The only universal exception is assistance animals under the Fair Housing Act, which applies in all 50 states.
Australia: Victoria and NSW
Victoria
Victoria has the most progressive pet laws in Australia. Since March 2021, landlords cannot include absolute no-pets clauses. Tenants have the right to request to keep a pet, and landlords must either consent or apply to VCAT for an order to refuse. VCAT can only refuse permission on limited grounds. This represents a fundamental shift from the old regime where no-pets clauses were routinely enforceable.
New South Wales
NSW has not yet matched Victoria's reforms. No-pets clauses remain generally enforceable in NSW. However, the NSW Government has indicated reforms may follow, and some landlords are voluntarily moving toward consent-based pet policies. Check current NSW Fair Trading guidance for any changes since the date of this article.
Other Australian States
Queensland allows landlords to restrict pets through the lease, though the Residential Tenancies and Rooming Accommodation Act 2008 requires landlords not to unreasonably withhold consent for pet requests in some circumstances. Western Australia, South Australia, and others retain more traditional enforceability of no-pets clauses.
Check your lease's pet clause instantly
LeaseScan identifies pet restriction clauses in your lease, flags whether they are likely enforceable in your jurisdiction, and highlights any overreach.
Scan My Lease →Disclaimer: This article is for informational purposes only. Pet clause enforceability is a rapidly evolving area of law. Consult a qualified solicitor or attorney for advice specific to your jurisdiction and situation.