A new law means tenants can have a pet unless the landlord does not consent on reasonable grounds.
Photo: Unsplash / Sarah Adatte
A Christchurch woman whose landlord tried to end her tenancy because of the state of her property has been allowed to continue to live in it – and discovered the law is on her side for her cat, thanks to new rules.
The Tenancy Tribunal gave her notice that she would need to improve the state of the house if she was to remain, but she was allowed a pet.
“Regardless of whether and on what terms that consent [for a cat] was given, the new section 18AA RTA now provides that a tenant may have a pet unless the landlord does not consent on reasonable grounds,” the adjudicator said.
“The landlord has consented to the tenant keeping one adult cat at the premises provided the tenant pays a pet bond of two weeks’ rent or $1300.
“The tenant has agreed to remove the kittens from the property and to clean the carpet to remove the smell of cat urine.”
It is one of 2379 pet bonds lodged so far with Tenancy Bond Services, since the rule changed to allow them on 1 December.
Landlords are now required to allow pets, unless there are reasonable grounds to refuse.
The Ministry of Business, Innovation and Employment (MBIE) said landlords could charge a pet bond of up to two weeks’ rent in addition to the existing bond with clear rules for the tenants’ pet damage liability. Only one pet bond could be charged regardless of the number of pets.
“Tenants do not need to ask their landlord again for pet consent for existing pets that were lawfully kept as part of a tenancy before 1 December 2025,” MBIE said in a statement.
“A pet bond cannot be charged for these pets, but tenants will be fully liable for any pet related damage above fair wear and tear caused after 1 December 2025.”
But parts of the industry were proving slow to catch up with the rules.
David Pearse, managing director of Pukekohe Rental Managers, said he had a rush of inquiries but most tenants did not realise they still had to go through an application process.
Pukekohe Rental Managers managing director David Pearse.
Photo: Supplied / Pukekohe Rental Managers
“Property managers are struggling with owners that do not want pets and working within the stated exemptions. I believe that there will be a host of Tenancy Tribunal hearing decisions that will need to be held to start to give a clear picture of what is acceptable or not.
“An interesting side issue is that while many like the idea of a pet the cost of ownership has not been carefully considered, and with the bond required, has made many have second thoughts about getting a pet.”
Property Brokers general manager David Faulkner said Trade Me had recently changed its advertisements to say “pets by consent” because many property management companies were still advertising saying “no pets” without realising it could breach the new rules.
Sarina Gibbon, director of Tenancy Advisory, said she had seen instances online where people within the industry were advising tenants not to disclose their animals until they had confirmed a tenancy.
“There are cynical players trying to game the system. My general view is that unless the economic model of renting to tenants with pets shift and unless we have more pet-friendly champions from the landlord side stepping forward to show leadership, we are always going to have to grapple with bad faith dealing.”
Joanna Pidgeon, a director of Pidgeon Judd and a member of The Law Association’s Property Law Committee, said any landlords who said they would not allow pets outright were likely to be breaking the rules.
Joanna Pidgeon, a director of Pidgeon Judd.
Photo: Supplied / Pidgeon Judd
“We have heard anecdotally that people are finding that they are discriminated against in terms of obtaining a tenancy when they disclose that they have a pet.
“It is very hard to prove that it is discrimination because maybe that there is a better tenant out there that has a better credit record or better references. But people with pets are still finding it very hard to locate tenancies when they disclose that they have pets.
“We are hearing anecdotally that people are feeling discouraged from disclosing it up front, whereas you can, once you have a tenancy, request to have a pet and then the law obviously applies that you can’t unreasonably withhold that consent.
“If a landlord did withhold that consent unreasonably, then you’d be able to prove there was a problem and you could take action and say go to the tenancy tribunal about it.
“Whereas if you just don’t get picked to be a tenant, if there’s a shortage of rental properties, it’s very easy for landlords to pick someone else and very hard for a tenant to prove that it was because they wanted to have a pet that they weren’t chosen as a tenant.”
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