Damage caused by pets is a common concern in residential tenancies in New Zealand. The law sets out specific rules, rights, and obligations for both landlords and tenants regarding such damage, primarily under the Residential Tenancies Act 1986 (RTA).
Tenant's General Responsibility for Damage
Tenants have a general responsibility to care for the rental property. This includes an obligation not to damage or permit damage to the premises [Source: Residential Tenancies Act 1986, s 40(1)(c)]. Tenants are also required to keep the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(2)(a)].
However, tenants are not liable for fair wear and tear, which is damage that occurs naturally due to everyday use of a property over time, rather than damage caused by neglect or misuse [Source: Residential Tenancies Act 1986, s 49B(4)].
Pet Damage is Not Fair Wear and Tear
An important distinction in New Zealand law is that any damage caused by pets kept by the tenant with the landlord’s consent is explicitly deemed not to be fair wear and tear [Source: Residential Tenancies Act 1986, s 49B(5)]. This means that if a pet causes damage, the tenant can be held liable for it, even if the pet was allowed.
Liability for Careless Pet Damage
Careless damage refers to damage caused by an act or omission that is negligent or thoughtless, but not done with the intention to cause harm [Source: Residential Tenancies Act 1986, s 49B(6)]. This category often covers typical pet-related damage such as scratches on floors or walls, chewing, or stains on carpets that result from a pet's actions.
For careless damage caused by a pet (kept with consent), a tenant's financial liability is limited. The maximum amount they can be required to pay is the lesser of four weeks' rent or the landlord's insurance excess, which is the upfront amount of money the landlord must pay for an insurance claim before their insurance policy covers the rest of the repair costs [Source: Residential Tenancies Act 1986, s 49B(2)]. If the landlord wishes to claim this limit, they must provide evidence of their insurance policy and the excess amount [Source: Residential Tenancies Act 1986, s 49B(2)(a)]. If the landlord does not have insurance, the tenant's liability for careless damage is still capped at four weeks' rent [Source: Residential Tenancies Act 1986, s 49B(2)(b)].
Liability for Intentional Pet Damage
Intentional damage means damage caused by a tenant or their invitee who intended to cause the damage, or who knew their actions would cause damage and were reckless as to whether the damage occurred [Source: Residential Tenancies Act 1986, s 49B(7)]. It also includes damage resulting from an act or omission that constitutes an imprisonable offence [Source: Residential Tenancies Act 1986, s 49B(3)].
While it is generally difficult to prove that a pet's actions are 'intentional' in the legal sense of the tenant intending the damage, a tenant could be liable for the full cost of repairs if their own intentional actions or omissions led to the pet causing significant property damage. For example, if a tenant deliberately failed to confine a known destructive pet, leading to extensive damage, this could potentially be argued as intentional damage by the tenant. In cases of intentional damage, the tenant is liable for the full cost of repairs, without the limits applied to careless damage [Source: Residential Tenancies Act 1986, s 49B(3)].
Obtaining Landlord Consent for Pets
For the specific liability rules regarding pet damage (i.e., s 49B(5)), the pet must be kept with the landlord's consent. Landlords cannot unreasonably refuse a tenant's request to keep a pet [Source: Residential Tenancies Act 1986, s 22A(2)]. The landlord must respond to a pet request in writing within 14 days [Source: Residential Tenancies Act 1986, s 22A(3)].
If consent is granted, the landlord can impose reasonable conditions in writing, which then become part of the tenancy agreement [Source: Residential Tenancies Act 1986, s 22A(4), s 22A(5)]. These conditions might include requirements related to maintaining hygiene, preventing damage, or ensuring appropriate pet management.
Keeping a pet without the landlord's consent would be a breach of the tenancy agreement and could result in different liability rules for any damage caused, potentially leading to full liability without the limits of s 49B(2), as s 49B(5) specifically refers to "pets kept by the tenant with the landlord’s consent."
Dispute Resolution
Any disagreements or disputes between landlords and tenants regarding damage, liability, or the amount owing for repairs are typically resolved by applying to the Tenancy Tribunal, which is an independent judicial body in New Zealand that resolves disputes between landlords and tenants [Source: Residential Tenancies Act 1986, Part 5].
When to Seek Independent Legal Advice
Individuals seeking to understand their specific rights and obligations, or needing assistance with a dispute regarding pet damage in a tenancy, should consult with a qualified legal professional or community law centre. Independent legal advice ensures that a person's individual circumstances are properly considered in relation to the complexities of tenancy law. Community Law Centres offer free legal advice and can be a valuable resource for tenants and landlords across New Zealand.