Loosening The Leash - Upcoming Tenancy Law Changes for Pets in Rentals
Historically, property owners have been able to decline a tenants request for a pet to be permitted at the property without cause and without breaching the Residential Tenancies Act. The 2024 Residential Tenancies Amendment Act will bring an end to this practice when the new rules come into effect which we have been advised is due to happen at some point this year but as yet not date has been confirmed.
Looling ahead to when the rules are changed, property owners and Property Managers will be required to assess whether it is appropriate for a pet to be kept at the property with property owners unable to ‘unreasonably refuse’ consent.
The overarching concept of the rule changes is to essentially enable tenants to keep pets at properties with the onus on property owners to come up with a valid reason for declining a request for a pet to be allowed at the property.
The reasons for declining a request, that will be accepted have not been made clear as part of the legislation process to date and the assumption is that case law via the Tenancy Tribunal will give further clarity in the near future once tested in front of the tribunal.
Some potential reasons which may be seen as reasonable grounds to decline a request could be:
The garden contains toxic plants or substances that may pose a risk to animals
The property is not securely fenced or gated, making animal containment difficult
There are features that would be unsuitable for certain animals (e.g. no outdoor space, shared areas, or noise-sensitive neighbours)
There are bylaws, body corporate rules, or covenants that restrict pet ownership
Your insurance policy conditions limit or exclude pets at the property
There are however no guarantees that these reasons will be acceptable when tested at the Tenancy Tribunal however logically they seem appropriate.
Blanket ‘no pets’ policies will no longer be enforceable and property owners and Property Managers need to consider the following key points:
Landlords must consider each pet request individually
Consent cannot be unreasonably withheld
Certain conditions (e.g. pet bonds, hygiene clauses) may be imposed
A formal 21-day response window will apply to each request
Just Property are working with our partners at Tenancy.co.nz to implement a new process once the legislation is passed which includes gathering appropriate levels of information from our clients and any tenants seeking permission to keep a pet which may include the tenants completing a ‘pet request application form’.
Our team will be able to advise our clients on a case by case basis as necessary on individual requests and will closely be monitoring case law as and when it becomes available to us so we can start to build a better picture of the reasonings that are deemed reasonable and those that are not.