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tenancy

Can a landlord ban pets under the RTA?

Key Takeaway

In New Zealand, the Residential Tenancies Act 1986 does not explicitly prevent landlords from banning pets. Pet policies are typically established in the tenancy agreement, which tenants are legally bound to follow. Tenants are responsible for any pet-related damage beyond fair wear and tear.

The question of whether a landlord can ban pets in a rental property in New Zealand is primarily governed by the terms of the tenancy agreement rather than specific prohibitions within the Residential Tenancies Act 1986 (RTA).

Tenancy Agreements and Pet Policies

The RTA does not contain specific provisions that either explicitly permit or prohibit landlords from allowing pets in a rental property. Instead, the allowance of pets is typically a condition negotiated and included within the tenancy agreement, which is a legally binding contract between a landlord and a tenant that sets out the terms of the tenancy [Source: Residential Tenancies Act 1986, s 13(1)].

Landlords have the discretion to include clauses in the tenancy agreement that:

  • Prohibit pets entirely [Source: Residential Tenancies Act 1986, s 13(1)].
  • Require the landlord's prior written consent for any pets [Source: Residential Tenancies Act 1986, s 13(1)].
  • Specify the types, breeds, or number of pets that may be allowed [Source: Residential Tenancies Act 1986, s 13(1)].
  • Stipulate conditions related to pet ownership, such as professional carpet cleaning at the end of the tenancy or pest control measures [Source: Residential Tenancies Act 1986, s 13(1)].

Tenants are legally bound to comply with all terms and conditions set out in their tenancy agreement [Source: Residential Tenancies Act 1986, s 40(1)(f)].

Tenant Responsibilities for Pets

If pets are permitted, either initially or with subsequent consent, tenants have several responsibilities under the RTA related to their pets:

  • Damage: Tenants are responsible for any damage to the premises caused by their pets, beyond fair wear and tear, which is the deterioration that occurs over time with normal use [Source: Residential Tenancies Act 1986, s 49(2)]. This includes issues such as scratched floors, chewed fixtures, or pest infestations [Source: Residential Tenancies Act 1986, s 49(2)].
  • Nuisance: Tenants must not cause or permit any nuisance (an act or condition which interferes with the use or enjoyment of land by others) or interference with the reasonable peace, comfort, or privacy of neighbours [Source: Residential Tenancies Act 1986, s 40(1)(d)]. Excessive barking, odours, or uncontrolled roaming by pets could constitute a breach of this duty [Source: Residential Tenancies Act 1986, s 40(1)(d)].
  • Cleanliness: Tenants must keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(b)]. This extends to keeping pet areas clean and managing pet waste appropriately.

Minor Alterations for Pets

Under the RTA, a tenant may request to make a minor alteration (a change that does not significantly alter the premises or significantly detract from its value or character) to the premises for the purpose of accommodating a pet, such as installing a cat flap [Source: Residential Tenancies Act 1986, s 42A(1)]. A landlord cannot unreasonably withhold consent to a minor change [Source: Residential Tenancies Act 1986, s 42A(2)]. The RTA specifies criteria for what constitutes a minor alteration [Source: Residential Tenancies Act 1986, s 42A(3)].

Breaching Pet Clauses

If a tenant breaches a pet clause in the tenancy agreement (for example, by having an unauthorised pet or by allowing a permitted pet to cause damage or nuisance), the landlord may take action. The landlord can issue a 14-day notice to remedy, which is a formal written notice requiring a tenant to fix a breach of the tenancy agreement or to cease certain conduct within 14 days [Source: Residential Tenancies Act 1986, s 50(1)(a)]. If the breach is not remedied within the specified timeframe, the landlord may apply to the Tenancy Tribunal, an independent body that resolves disputes between landlords and tenants, for an order to terminate the tenancy [Source: Residential Tenancies Act 1986, s 55(1)(b)]. The Tenancy Tribunal also has the power to order the tenant to pay compensation for any damage caused by the pet [Source: Residential Tenancies Act 1986, s 77(2)(i)].

Service Animals

While the RTA's general provisions regarding pets apply to most animals, rules for certified service animals (e.g., guide dogs for visually impaired individuals) may differ due to other legislation, such as the Human Rights Act 1993, which protects against discrimination on the grounds of disability.

When to Seek Independent Legal Advice

Individuals requiring specific guidance on their rights or obligations regarding pets in a tenancy, interpretation of tenancy agreement clauses, or assistance with a Tenancy Tribunal application are advised to seek independent legal advice. Information on legal assistance can be obtained from community law centres, such as Community Law Centres, or from qualified legal professionals.

Key Resources