Marlborough Property Investors' Association

marlborough@nzpif.org.nz

 

Pets  -  Management and Clauses

For the latest updates on upcoming changes to pet rules in rental properties and how they might impact landlords, click here.

Whether or not to allow pets is a decision that should be made carefully. 

There are risks - but also benefits. Pets can cause damage and problems, but allowing a pet may help you attract a good tenant, keep an existing tenant, or charge more rent. 

If you agree to allow pets, you can manage the risk by using a pet attachment in the tenancy agreement (see form below). When starting a tenancy, it's also a good idea to meet the pet (especially a dog) when you interview prospective tenants. 

 

What to do if you find out an existing tenant has a pet 

First, speak with the tenant and meet the pet. This will help you decide how to proceed.

If you allow the pet to stay, complete a pet clause, have it signed by the tenant, and include it in the tenancy agreement (see form below).

If you believe the pet is dangerous or likely to damage the property, you can request that the tenant remove the pet. Consider confirming this request with a 14-day notice.

Alternatively, you can apply to the Tenancy Tribunal for termination. You'll need to issue a 14-day notice first and then apply for a termination order. The Tribunal rarely terminates a tenancy immediately in these cases but may issue a conditional possession order, such as: "The pet must be removed by a certain date, and if not, the tenancy will end."

Including a 'no pets' clause in the tenancy agreement is easily managed and prevents property damage from pets. If a tenant later acquires a pet, it is usually straightforward to address the situation.

 

PET CLAUSE

Date:

To:

Tenants

Re:

Tenancy at

These specific pet conditions shall be read as included into the tenancy agreement

Name, age and breed of pet:

Registration

ID Number if relevant:

The pet :

  1. Must be controlled by the tenant to comply with the council bylaws pertaining to that pet
  1. Must not be allowed inside the premises  / or (delete 2 or 3)
  1. If allowed in the premises it must be under proper control
  1. A dog must be kennelled

The tenant must:

Repair any damage to lawns, gardens, buildings or anything else at the tenancy as a result of the pet

Compensate the landlord for any damage or repairs due to the pet at the end of the tenancy

Consider, if the pet has been inside the premises and the carpets are not reasonably clean and tidy then the tenant may need to commercially clean the carpets.

Note:

This pet clause is specific to the pet named above and if it is removed or dies then no other pet can replace it.

Signed:                                                                                                  (tenant)

Signed:                                                                                                  (landlord)