Section 16B — Housing Act 1988: Requests for consent to keep a pet: further provision

Requests for consent to keep a pet: further provision 16B 1 For the purposes of section 16A, a tenant keeps a pet at a dwelling-house if the tenant permits the pet to live at the dwelling-house (whether or not the tenant is the owner of the pet).

2 Section 16A does not limit the terms that may be agreed in relation to the presence at the dwelling-house of pets which do not live there.

3 The tenant’s request under section 16A must—

a be in writing;

b include a description of the pet for which consent is sought.

4 The circumstances in which it is reasonable for a landlord to refuse consent include those in which—

a the pet being kept at the dwelling-house would cause the landlord to be in breach of an agreement with a superior landlord;

b an agreement between the landlord and a superior landlord prohibits the keeping of a pet at the dwelling-house without consent of the superior landlord, and the landlord has taken reasonable steps to obtain that consent but the superior landlord has not given it.

5 In proceedings in which a tenant alleges that the landlord has breached the implied term created by section 16A, the court may order specific performance of the obligation.