Owning a pet is a joy for many people, but it can become a point of contention in rental agreements. For both landlords and tenants, clear communication and agreement on pet policies are essential for a smooth tenancy. This guide will help you navigate the key aspects of pet policies, tenancy agreements, and legal obligations under the Residential Tenancies Act 1986 (RTA).

Discussing Pets Before the Tenancy Begins

One of the most important steps for both landlords and tenants is to discuss pet-related conditions before starting a tenancy. If a tenant does not have a pet at the beginning but later decides to get one, they must also consult the landlord. Important factors to discuss include:

• Whether pets are allowed at the property
• The types of pets permitted
• Any specific conditions related to pet ownership (e.g., noise, damage control, or cleanliness requirements)

These discussions should be documented in the tenancy agreement to avoid disputes later.

Setting Reasonable Conditions in Tenancy Agreements

A landlord may include reasonable conditions in the tenancy agreement related to pet ownership. These may be designed to:

• Prevent potential property damage
• Limit excessive noise
• Address concerns about hygiene and cleanliness

Any conditions imposed must be fair and agreed upon by both parties before being included in the tenancy agreement. If a property is part of a unit title or cross-lease, landlords should check body corporate rules or other legal documents that might restrict pet ownership.

Pet Damage and Repairs

Under the RTA, tenants are responsible for any damage they or their pets cause, beyond normal wear and tear. This means:

• Tenants must repair or cover the cost of any damage caused by their pets.
• Landlords can issue a 14-day notice for a tenant to remedy damage caused by a pet.
• If the damage is not fixed, the landlord may apply to the Tenancy Tribunal for further action.

Can Landlords Ban Pets?

While landlords can include a ‘no pets’ clause in a tenancy agreement, recent Tenancy Tribunal decisions suggest that blanket bans on pets may not always be enforceable. Factors influencing whether a ban is valid include:

• The specific type of pet (e.g., a goldfish vs. a large dog)
• The reasonableness of the restriction
• Whether the ban aligns with RTA provisions

Because the RTA does not explicitly mention pets (except in the case of boarding houses, where they are banned without landlord permission), landlords should seek legal advice before enforcing pet bans.

Quiet Enjoyment and Pets

Tenants have the right to ‘quiet enjoyment’ of their rental home, which includes living without unreasonable interference. However, this right also applies to neighbors and other tenants, meaning pet-related disturbances such as excessive barking or damage to shared spaces may breach this principle.

If a tenant’s pet disrupts others, the landlord may issue a notice to remedy. If the issue persists, the matter can be escalated to the Tenancy Tribunal.

Conditions for Pet Ownership in a Tenancy Agreement

If a tenant has or plans to get a pet, landlords and tenants may wish to add conditions to the tenancy agreement specifying:

• The number and type of pets allowed
• Conditions for acquiring a new or replacement pet
• Responsibilities related to noise control and damage prevention
• Cleaning requirements upon vacating the property

Any conditions must be reasonable and comply with the RTA. Conditions that impose obligations beyond what the law requires will not be enforceable.

Considerations for Landlords When Evaluating Tenants with Pets

Some landlords hesitate to rent to pet owners due to concerns about potential damage. However, rejecting a tenant solely based on pet ownership may mean missing out on responsible renters. To make an informed decision, landlords can:

• Request references from previous landlords regarding the pet’s behavior.
• Consider the type of pet—small pets may pose less risk than larger ones.
• Evaluate the tenant’s history of maintaining previous rental properties.

Landlords must also be aware of discrimination laws under the Human Rights Act 1993, which protects individuals relying on disability assist dogs from being denied rental housing.

Can Landlords Charge an Extra Bond for Pets?

New Zealand law allows landlords to charge a bond of up to four weeks’ rent, but they cannot charge an additional bond specifically for pets. Any damage caused by pets, beyond normal wear and tear, must be dealt with through standard repair and compensation processes.

What if a Tenant Wants a Pet Mid-Tenancy?

If a tenant wishes to get a pet after the tenancy has started, they should first discuss it with their landlord. If the landlord agrees, the parties may update the tenancy agreement to reflect the new arrangement. Conditions for pet ownership should be clearly documented to avoid misunderstandings.

If a landlord refuses consent, they must ensure the decision is reasonable. A landlord may not unreasonably withhold permission, especially if the property is suitable for a pet and no other restrictions (such as body corporate rules) apply.

What if a Tenancy Agreement Bans Pets?

If an existing tenancy agreement prohibits pets, but a tenant wishes to introduce one, they can discuss renegotiating the agreement with the landlord. If the landlord refuses and the tenant disagrees, either party can take the issue to the Tenancy Tribunal for a ruling.

The Tribunal will assess whether the ‘no pets’ clause is reasonable and enforceable. If it determines that the restriction is unfair or unnecessary, it may rule in favor of the tenant.

Need Expert Help with Property Management?

Managing rental properties can be complex, especially when pets are involved. If you’re a landlord looking for guidance on tenancy agreements, pet policies, or any other property management needs, contact Sole Agents today. Our experienced team is here to help ensure your rental property is managed effectively and compliantly.

Get in touch with Sole Agents today to see how we can support your property management needs and help you navigate any tenancy issues.