I got a pet without telling my landlord, can I be evicted?

Quick Answer

Having a pet without permission may breach your tenancy agreement, but it does not automatically lead to eviction. A landlord would need to serve a Section 8 notice on discretionary grounds and persuade a court it is reasonable to grant possession.

If your tenancy agreement contains a clause prohibiting pets and you have kept one without your landlord's knowledge or consent, you are technically in breach of contract. However, this breach does not automatically entitle your landlord to end the tenancy or evict you.

To evict you for a breach of tenancy, your landlord must serve a Section 8 notice citing Ground 12 (breach of any obligation of the tenancy). Ground 12 is a discretionary ground, meaning the court must be satisfied both that the breach exists and that it is reasonable to grant possession. Courts typically do not consider keeping a well-behaved pet in an otherwise good tenancy a reasonable basis for eviction.

First, your landlord will likely issue a formal warning or notice to cure — asking you to remove the pet. If you refuse, they may escalate. If they serve a Section 8 and you face a court hearing, you can present evidence about the pet's behaviour, whether there is any actual damage, and whether the landlord's response is proportionate.

Under the Renters' Rights Act 2024 (expected to come into force in 2025), landlords will not be able to unreasonably refuse a tenant's request to keep a pet. Where consent is refused, the landlord must provide a valid reason. Tenants will be able to challenge refusals. This represents a significant shift in the law.

In the meantime, consider approaching your landlord proactively, explaining the situation, and offering to pay for a pet damage clause or additional deposit if permitted. This can often resolve matters without legal escalation.

Relevant legislation

  • • Housing Act 1988, Schedule 2, Ground 12
  • • Renters' Rights Act 2024 (pending commencement)

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