The Residential Tenancies Amendment Bill 2024 is set to bring a significant shift to New Zealand's rental landscape, particularly in the realm of pet ownership. Once enacted, landlords will face stricter limitations on declining tenant requests to keep pets, making it more difficult to issue blanket "no pets" policies. This legislation aims to provide greater flexibility and housing stability for tenants with pets while balancing the interests of landlords.
Here, we explore the key aspects of the new law, what constitutes a valid reason for declining a pet, and the associated risks and benefits for both landlords and tenants.
The amendment introduces a presumption that tenants can keep pets in rental properties unless landlords provide valid reasons for refusal. This marks a departure from the current framework, where landlords often impose blanket bans on pets due to concerns about potential property damage, noise, or allergen risks. For many tenants, especially families and individuals who see pets as part of their family, the inability to find pet-friendly rentals has created significant housing challenges. By addressing this issue, the government aims to enhance tenants' quality of life and ensure that responsible pet ownership is no longer a barrier to securing a rental property.
Landlords will still be able to decline pet requests, but the reasons must be justifiable under the new legislation. Acceptable reasons might include:
- Property suitability: A pet may not be suitable for the property type. For example, a large dog in a small apartment without outdoor space may be deemed unsuitable.
- Health or safety concerns: If the landlord or other tenants in a multi-unit dwelling have allergies or medical conditions that the pet could exacerbate, this could be grounds for refusal.
- Body corporate rules: Properties governed by body corporate rules that prohibit pets will provide landlords with a valid basis to decline.
- Potential for damage: A landlord could decline a pet request if there is a strong likelihood of damage to the property that cannot be reasonably mitigated, such as scratches on wooden flooring in heritage homes.
- Previous tenant behaviour: If a tenant has a history of neglecting pet care or causing issues with a previous landlord, this could justify a refusal.
Landlords must provide a written explanation for their decision, and tenants may challenge the refusal at the Tenancy Tribunal if they believe it is unfair.
For Tenants:
- Emotional well-being: Pets can provide companionship, reduce stress, and improve mental health. Allowing pets enhances tenants' overall quality of life.
- Stability: Tenants are more likely to remain in a property long-term if their pets are welcome, reducing frequent relocations and the associated stress.
- Broader access: The changes provide more housing options for pet owners, who have traditionally faced difficulty securing rentals.
For Landlords:
- Longer tenancies: Pet-friendly properties often attract tenants who stay longer, reducing turnover and vacancy rates.
- Wider tenant pool: Opening properties to pet owners increases demand, making it easier to find quality tenants.
- Higher rents: Many tenants are willing to pay a premium for pet-friendly properties, boosting rental income.
The risks for landlords
While the benefits are compelling, landlords must also consider potential risks associated with allowing pets.
- Property damage: Pets can scratch floors, chew furniture, or cause wear and tear beyond normal levels.
- Noise complaints: Barking dogs or other disruptive pet behaviour could lead to complaints from neighbours or other tenants.
- Allergies or odours: Pets may leave lingering odours or allergens, which could require professional cleaning and limit future tenant appeal.
To mitigate these risks, landlords should consider requiring additional measures such as:
- A pet bond (if permitted by law).
- Specific clauses in the tenancy agreement about pet responsibilities.
- Routine property inspections to ensure compliance with pet care standards.
The Residential Tenancies Amendment Bill 2024 represents a step forward in modernising New Zealand's rental laws to reflect societal changes, particularly the growing recognition of pets as integral to family life. While landlords must navigate the risks and responsibilities of allowing pets, the benefits of fostering more inclusive and stable tenancies can outweigh the potential downsides.
With clear communication, appropriate safeguards, and a mutual understanding between landlords and tenants, this new legislation could pave the way for more harmonious and pet-friendly rental arrangements across the country.
