Since the Tenant Fees Act caps deposits at 5 weeks, can I legally charge £25-£50 extra 'pet rent' per month to cover risk?
Quick Answer
Yes. You can charge £25-£50 extra per month, provided it is rolled into the total contractual rent on the tenancy agreement rather than billed as a separate fee.
## Legally Structuring Rent for Tenants with Pets
Under the Tenant Fees Act 2019, security deposits are capped at five weeks of rent for tenancies where annual rent is under £50,000. Landlords cannot take an additional pet deposit that pushes the total deposit beyond that five-week statutory threshold. However, charging a higher monthly contractual rent, typically £25 to £50 per month, is entirely legal if agreed in the tenancy contract from the outset.
To remain fully compliant while managing pet-related wear and tear:
* **Incorporate into headline rent**: The tenancy agreement must state the rent as one single contractual amount. If your baseline rent is £1,000 per month and you agree a £40 pet uplift, write £1,040 per month directly into the agreement.
* **Adjust the statutory deposit limit**: Because the five-week deposit calculation derives from the agreed rent, a higher contractual rent slightly lifts your deposit cap. On a standard rent of £1,200 per month, the maximum five-week deposit is £1,384.62. If you charge £1,250 per month to accommodate a pet, your maximum deposit rises to £1,442.31, giving you an extra £57.69 in deposit protection alongside £600 in extra annual income.
* **Expand tenant demand**: Allowing pets opens your property to roughly half of UK renters who own animals, significantly reducing void periods between tenancies.
* **Define clear tenant responsibilities**: Detail tenant obligations in a pet addendum, covering flea treatments, garden maintenance, and deep cleaning at checkout without attempting to charge mandatory standalone cleaning fees.
## Prohibited Payments and Pitfalls to Avoid
Trading Standards teams enforce the Tenant Fees Act strictly, and mislabeling charges can lead to heavy financial penalties.
Avoid these compliance traps when negotiating with pet owners:
* **Separate pet fees or premiums**: Demanding an isolated £35 monthly payment labelled as a pet fee outside the primary rent clause can be treated as a prohibited payment under Schedule 1 of the Tenant Fees Act 2019.
* **Non-refundable pet deposits or cleaning charges**: Landlords cannot charge upfront fees for end-of-tenancy professional cleaning. All deductions must go through the standard tenancy deposit dispute process with photographic evidence of damage.
* **Unilateral mid-tenancy uplifts**: Landlords cannot impose a £30 surcharge midway through an existing fixed term unless the agreement contains an explicit rent review clause or the tenant signs an official deed of variation.
* **Excessive security deposits**: Taking a standard five-week deposit plus an extra week for a pet breaches the law. First offences carry civil penalties of up to £5,000, while repeat breaches within five years can trigger fines of up to £30,000 or criminal prosecution. Under the Renters' Rights Act 2025, which also abolished Section 21 evictions from 1 May 2026, landlords cannot unreasonably refuse pets, but they can require tenants to maintain pet insurance.
## Steve's Rule of Thumb
Fold pet risk into headline contractual rent rather than separate fees, and verify the total security deposit never breaches the statutory five-week cap.
## What This Means For You
Most landlords do not lose money by accepting pets; they lose money by drafting unlawful clauses that trigger statutory fines. If you want to structure compliant tenancy agreements that protect your rental yield, this is exactly what we teach inside Property Legacy Education.
Steven's Take
I have accepted pets across several of my rental properties, and it has consistently reduced tenant turnover. Rather than trying to invent new fees or sneak in extra deposit money, I simply market the home with a slightly higher baseline rent for pet owners. An extra £40 each month generates £480 of extra cash flow each year, which more than covers typical wear and tear or carpet cleaning between tenancies. With the Renters' Rights Act 2025 removing Section 21 from 1 May 2026 and encouraging pet ownership, adjusting your headline rent correctly protects your returns without falling foul of Trading Standards.
What You Can Do Next
Step 1: Check the statutory deposit cap using the deposit calculator on depositprotection.com or mydeposits.co.uk to verify total deposits do not exceed five weeks of the adjusted rent.
Step 2: Draft your tenancy agreement with the pet uplift included in the core monthly rent figure rather than listed as a separate charge, consulting guidance on gov.uk/government/publications/tenant-fees-act-2019-guidance.
Step 3: Require the tenant to provide proof of pet insurance covering damage to landlord fixtures before handover, referencing provisions under the Renters' Rights Act 2025.
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