Pet Agreement for Rental Property (New Zealand)

A Pet Agreement for Rental Property in New Zealand records the pet for rental property arrangement agreed between the parties and the specific obligations each side accepts, forming a binding agreement under the Residential Tenancies Act 1986.

The December 2024 amendments to the Residential Tenancies Act 1986 introduced significant changes to pet-related provisions in New Zealand tenancies. Most landlords may now charge an additional pet bond of up to two weeks' rent when a tenant keeps a pet at the premises. This pet bond is separate from the general bond (which remains capped at four weeks' rent under section 19 of the RTA), bringing the total maximum bond to six weeks' rent when a pet bond applies. The pet bond must be lodged with Tenancy Services (MBIE) within 23 working days of receipt, separately from the general bond, and is refunded at the end of the tenancy subject to any valid claim for pet-related damage.

A pet agreement typically sets out the following key elements: identification of the specific pet (type, breed, name, and description), the landlord's conditions for keeping the pet at the premises, the pet bond amount and lodgement requirements, any restrictions on where the pet may be kept within the property, obligations regarding flea treatment on vacating, the tenant's obligations under the Dog Control Act 1996 (if keeping a dog) and the Animal Welfare Act 1999, damage liability provisions, and the process for withdrawal of consent if the tenant breaches the agreement.

In New Zealand, landlords generally have discretion about whether to permit pets, but must exercise that discretion reasonably. The 2024 amendments to the RTA introduced protections designed to prevent unreasonable refusals of pet requests, and the Tenancy Tribunal may find in favour of a tenant if a landlord's refusal is not supported by legitimate grounds. Common legitimate grounds for refusing a pet include body corporate or cross-lease restrictions, the property being unsuitable for the specific animal, or documented concerns about the specific animal's behaviour.

A well-drafted pet agreement protects both parties. For the landlord, it provides a clear record of what was consented to, sets enforceable conditions, and provides a basis for claiming pet-related damage against the pet bond at the end of the tenancy. For the tenant, it provides written confirmation of the landlord's consent and clarity about the conditions to be met, reducing the risk of disputes about what was agreed.

A Pet Agreement for a Rental Property is needed whenever a landlord in New Zealand grants a tenant permission to keep a pet at the rental premises. Without a written pet agreement, there is no clear record of the conditions under which the pet was approved, and both the landlord and the tenant are exposed to greater risk of disputes at the end of the tenancy.

The most common situation is when a tenant asks the landlord's permission to keep a pet at the start of or during an existing tenancy. The landlord's consent should always be confirmed in writing, and a pet agreement is the appropriate document for recording that consent and the conditions attached to it. The agreement should be signed by both the landlord (or property manager) and all tenants before the pet is brought to the premises.

A pet agreement is also required whenever a pet bond is to be charged under the new December 2024 provisions of the Residential Tenancies Act 1986. The pet bond cannot be collected without a formal written agreement that specifies the bond amount, the pet to which it applies, and the basis on which it will be refunded at the end of the tenancy. The agreement provides the documentary basis for lodging the pet bond with Tenancy Services (MBIE).

Pet agreements are particularly common in the New Zealand residential rental market for tenants with dogs. Under the Dog Control Act 1996, all dogs must be registered with the local council and microchipped, and dog owners (including tenants) are personally liable for damage or injury caused by their dog. A pet agreement that records the dog's registration and microchip details and sets clear behavioural conditions helps both the landlord and the tenant manage their respective risks.

Property managers managing investment properties in New Zealand routinely use pet agreements to provide a clear record of pet consents and conditions for their landlord clients. The written record is valuable for demonstrating to the Tenancy Tribunal, if required, that the landlord's consent was conditional and that specific obligations were agreed by the tenant.

A pet agreement is also useful when an existing tenant wishes to get a new pet during a tenancy that did not originally allow for pets, or when the tenant wishes to replace a pet that has died or been rehomed with a different animal. In each case, the new pet requires a fresh consent from the landlord, and the agreement should be updated accordingly.

Finally, a pet agreement is needed when the landlord and tenant wish to set specific conditions for a pet that go beyond the standard terms of the tenancy agreement — for example, requiring the tenant to maintain the garden fencing to prevent the pet from escaping, restricting the pet to outdoor areas, or requiring professional cleaning or pest treatment on vacating.

A well-drafted New Zealand Pet Agreement for a Rental Property must address all the key elements necessary to clearly record the terms of the landlord's consent and protect both parties' interests.

The parties and premises section must correctly identify the landlord and all tenants by their full legal names, with current contact details. The full address of the premises and the date of the original tenancy agreement to which this pet agreement applies must also be stated.

The pet approval section should identify the specific pet with sufficient detail to distinguish it from other animals — including the type, breed or species, name, colour, and approximate size or weight. The consent should specify that it applies only to the identified pet, and that the tenant must obtain separate written consent for any additional or replacement pet.

The applicable legislation section should reference the Residential Tenancies Act 1986 (including the December 2024 amendments introducing the pet bond), the Dog Control Act 1996 (if keeping a dog), and the Animal Welfare Act 1999. This provides both parties with clarity about their statutory obligations.

The tenant's obligations section sets out the conditions of the consent and is the core of the pet agreement. Key obligations should include: keeping the pet under proper control at all times; preventing the pet from causing a nuisance to neighbours; complying with all local council by-laws; promptly repairing or paying for any pet-related damage; keeping vaccinations and parasite treatments up to date; and confirming the pet is not kept in conditions that breach the Animal Welfare Act 1999.

The pet bond section (if applicable) must state the amount of the pet bond (maximum two weeks' rent under the December 2024 RTA amendments), the requirement to lodge it with Tenancy Services (MBIE) within 23 working days, and the basis on which it will be refunded at the end of the tenancy. The landlord must provide the tenant with a receipt for the pet bond payment.

The permitted areas section (if included) should clearly specify which areas of the property the pet may access and which are off-limits. Clear area restrictions reduce the risk of disputes about damage to specific rooms or areas at the end of the tenancy.

The flea treatment obligation (if included) should specify that the tenant must arrange professional flea treatment of all areas accessible to the pet on vacating, and provide proof of treatment to the landlord within seven days of vacating.

The withdrawal of consent section should explain the process by which the landlord may withdraw consent if the tenant breaches the agreement, including the requirement to give written notice and a reasonable opportunity to remedy the breach.

Finally, the agreement must be signed by both the landlord and all tenants, with dates recorded. Both parties should retain a signed copy. The forms-legal.com Pet Agreement for Rental Property (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.