The Housing (Scotland) Act 2025 marks a fundamental shift in how we approach tenant autonomy in Scotland's rental market. Part 3 of the Act introduces statutory rights that allow tenants to keep pets and make minor alterations to their homes: changes that recognise the long-term nature of private renting in modern Scotland.
For years, blanket "no pets" clauses and restrictive alteration policies have been standard practice. The new legislation challenges this approach, replacing discretionary landlord decisions with a structured framework that protects both parties.
Under the Act, tenants now have a statutory right to request permission to keep a pet in their rental property. This isn't an automatic right, but it creates a formal process that landlords must follow.
When a tenant submits a pet request, landlords have 30 days to respond in writing. The response must either grant permission or provide clear, documented reasons for refusal. This timeline prevents indefinite delays and gives tenants certainty about whether they can proceed.
The key change here is transparency. Landlords can no longer simply decline a request without explanation. If consent is refused, the reasoning must be specific and grounded in legitimate concerns.
The Act doesn't give tenants carte blanche to keep any animal. Landlords retain the right to refuse on reasonable grounds, which typically include:
Property unsuitability: A large dog in a small, upper-floor flat without outdoor space may be reasonably refused.
Lease restrictions: If the landlord is themselves a leaseholder in a building with a strict no-pets policy, this is valid grounds for refusal.
Specific animal concerns: Dangerous wild animals are automatically excluded. Breeds with known behavioural issues or animals that pose a health risk can also be refused.
Previous tenant conduct: If a tenant has a documented history of failing to care for pets or causing pet-related damage in previous tenancies, this may justify refusal.
What landlords cannot do is impose a blanket ban across all properties without case-by-case assessment. Each request must be evaluated on its merits.
Even when consent is granted, landlords can attach reasonable conditions to protect their property. Common conditions include:
Professional cleaning: Requiring carpets and upholstery to be professionally cleaned at the end of the tenancy to remove pet hair and odours.
Pet deposit or insurance: Landlords can request an additional deposit (within legal limits) or ask tenants to obtain pet damage insurance.
Garden maintenance: For properties with outdoor space, landlords can stipulate that gardens must be kept free of pet waste and maintained to a certain standard.
Restrictions on alterations: Tenants may be prohibited from installing pet doors or making structural changes to accommodate the animal.
These conditions must be proportionate. A landlord cannot, for example, demand a £2,000 deposit for a single goldfish.
If a landlord refuses consent, tenants aren't without recourse. The Act provides an appeals mechanism through the First Tier Tribunal for Scotland (Housing and Property Chamber).
Tenants who believe a refusal is unreasonable can submit an appeal. The Tribunal will review the landlord's stated reasons and assess whether they meet the threshold of "reasonableness" under the legislation.
If the Tribunal finds in favour of the tenant, it has the power to issue a consent order that overrides the landlord's decision. This appeals process acts as a safeguard against arbitrary refusals while maintaining judicial oversight.
Alongside pet rights, the Act introduces new protections for tenants who want to personalise their living space. For many tenants renting long-term, the inability to hang pictures, paint walls, or install shelving has been a persistent frustration.
The legislation divides alterations into categories, with Category 2 alterations receiving specific protection. These include:
Painting walls: Tenants can redecorate rooms without prior permission, though landlords can specify that walls must be returned to neutral colours at the end of the tenancy.
Installing shelves and storage: Wall-mounted shelving, coat hooks, and similar fixtures are permitted.
Mounting TVs and mirrors: Drilling into walls to mount items is allowed under reasonable terms.
Installing grab rails and accessibility features: Minor adaptations for disabled tenants or those with mobility issues cannot be unreasonably refused.
Category 2 alterations are defined as those that do not affect the property's structure or systems and can be easily reversed or repaired.
This is critical wording. Landlords are not required to automatically approve all Category 2 alterations, but they cannot unreasonably refuse them.
What counts as unreasonable? The legislation doesn't provide an exhaustive list, but case law is likely to develop around scenarios such as refusing to allow a tenant to install grab rails when they have a documented disability need, or denying permission to paint a bedroom when there's no evidence the tenant has previously caused damage.
Landlords can still refuse alterations if they have valid concerns: for example, if the proposed work would damage listed building features, breach planning restrictions, or void the property's insurance.
When a tenant requests permission for an alteration, the process mirrors the pet request framework. The tenant submits a written request describing the proposed work. The landlord must respond in writing, either granting consent (with or without conditions) or refusing with clear reasons.
If consent is refused, the landlord must explain why the refusal is reasonable in the specific circumstances. Transparency is the watchword: vague or boilerplate refusals won't stand up to scrutiny.
Tenants who receive a refusal have 42 days to appeal to the First Tier Tribunal. During this period, they must formally notify the landlord if they intend to proceed with an appeal.
The Tribunal will assess whether the landlord's refusal was reasonable given the nature of the alteration, the property type, and any specific risks identified. If the Tribunal sides with the tenant, it can grant permission for the work to proceed, sometimes with conditions attached to protect the landlord's interests.
Importantly, tenants cannot simply proceed with alterations while an appeal is pending. Unauthorised work remains a breach of the tenancy agreement.
The pet rights provisions apply to tenants in both private and social housing. This ensures consistency across the sector and prevents social housing tenants from facing different standards.
The property alterations rights, however, are targeted specifically at private housing tenants. Social housing tenants already have access to alteration frameworks through their tenancy agreements and local authority policies.
The Act's approach to pets and alterations reflects a broader recognition that Scotland's private rented sector is no longer a short-term stopgap. With more people renting for decades rather than years, the ability to personalise a home matters for wellbeing and community stability.
That said, the legislation doesn't strip landlords of their property rights. Reasonable refusals remain possible, and tenants still bear responsibility for damage and maintenance. The shift is from unilateral landlord control to a structured dialogue with independent oversight.
For letting agents and landlords, the practical implications are clear: develop fair, documented policies for pet requests and alterations. Respond to requests promptly and in writing. Be prepared to justify refusals with specific evidence rather than blanket objections.
For tenants, the message is equally straightforward: these are rights to request, not rights to demand. Submit clear, reasonable proposals. Be willing to accept conditions that protect the property. And if refused, use the appeals process rather than proceeding unilaterally.
The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025, but these provisions are not yet in force. They will require consultation and secondary legislation before coming into full effect.
For property management professionals, this means time to prepare. We're helping letting agents across Scotland adapt to these changes by streamlining request processes, documenting decisions, and ensuring compliance frameworks are ready for implementation.
The Act is redefining what it means to rent in Scotland. Understanding these new rights and the responsibilities that come with them is essential for everyone involved in the sector: and we're here to help make that transition smoother for agents managing portfolios of all sizes.
Let Tech Solutions Ltd is an Appointed Representative of George Stubbs Insurance Services Ltd, which is authorised and regulated by the Financial Conduct Authority.
