Drafting a Pet Addendum

A tenancy agreement pet clause NZ is a legally binding provision within a residential rental contract that explicitly grants permission for a tenant to keep specific animals on the property. It establishes clear rules regarding the number and type of pets, assigns liability for any damage or pest infestation, and defines the hygiene standards required to maintain the tenancy without breaching the Residential Tenancies Act.

For both landlords and tenants in New Zealand, the inclusion of a pet involves a unique set of negotiations. With a significant portion of Kiwi households owning companion animals, the demand for pet-friendly rentals is at an all-time high. However, the fear of property damage often makes landlords hesitant. The solution lies in a professionally drafted pet addendum that balances the tenant’s right to quiet enjoyment with the landlord’s need for asset protection.

Drafting this document requires precision. A vague agreement such as “pets allowed” is a recipe for disaster, potentially opening the door to unauthorized breeding, noise complaints, or unsuitable animals. Conversely, overly restrictive clauses that contravene the Residential Tenancies Act (RTA) may be deemed unenforceable by the Tenancy Tribunal. This guide provides a comprehensive framework for drafting a watertight pet clause that serves the interests of both parties.

Understanding the Legal Landscape of Pets in NZ Rentals

Before putting pen to paper, it is vital to understand the statutory framework governing rentals in New Zealand. The Residential Tenancies Act 1986 (RTA) does not explicitly state that landlords must accept pets, nor does it explicitly ban them. Generally, a landlord has the right to prohibit pets at the start of a tenancy. However, once a tenancy is established, the rules around modifying the agreement to include a pet become stricter.

If a tenancy agreement is silent on the matter of pets (i.e., it does not say “no pets”), a tenant might technically be allowed to get one, provided it does not cause damage or nuisance. Therefore, clarity is paramount. Most standard agreements include a prohibition clause by default, requiring the landlord’s written consent to waive it.

It is important to note that under current NZ law, a landlord cannot unreasonably withhold consent for minor changes to the property, but keeping a pet is generally considered a significant variation to the tenancy terms rather than a minor fixture change. Therefore, the landlord retains significant discretion. However, creating a permissive but regulated environment encourages longer tenancies and reduces turnover costs.

For authoritative guidance on the Residential Tenancies Act, refer to Tenancy Services NZ, which provides the baseline regulations for all rental agreements in the country.

Standard Wording for a Robust Pet Clause

When drafting the clause, ambiguity is the enemy. A standard pet clause should not merely state that a pet is permitted; it must outline the conditions of that permission. The wording must be specific enough to be enforceable but fair enough to be reasonable.

A strong clause typically includes the following elements:

• Revocability: A statement that permission is a privilege, not a right, and can be revoked if the conditions are breached (e.g., the animal becomes dangerous or causes persistent nuisance).
• Compliance with Local Bylaws: A requirement that the tenant complies with all local council regulations, such as dog registration and microchipping.
• Supervision: A stipulation that the pet must not be left unattended for unreasonable periods or allowed to roam freely on shared driveways or neighbouring properties.

Example of Effective Wording:
“The Landlord grants permission for the Tenant to keep the specific animal(s) listed in Schedule A of this agreement. This consent is conditional upon the Tenant ensuring the animal does not cause a nuisance to neighbours, damage the premises, or create a health hazard. The Tenant agrees to indemnify the Landlord against any liability, loss, or damage arising from the animal’s presence.”

Specifying Animals: The “Named Pets Only” Strategy

One of the most critical aspects of a pet addendum is limiting the permission to specific, identified animals. A clause that simply says “One dog allowed” is insufficient. This could theoretically allow a tenant to replace a quiet, elderly Golden Retriever with a reactive, high-energy breed without notifying the landlord.

To mitigate risk, the agreement should utilize a “Named Pets Only” policy. This involves creating a schedule or appendix to the tenancy agreement that details the specific animal.

Data Points to Include in the Schedule:

• Name of Pet: e.g., “Barnaby”.
• Breed and Colour: e.g., “Tabby Cat” or “Border Collie Mix, Black and White”.
• Age and Sex: Helps identify the animal later.
• Microchip Number: This provides definitive proof of identity.
• Desexing Status: Landlords often prefer desexed animals to prevent breeding-related behaviours (marking, aggression) and unauthorized litters.
• Photo: Attach a photograph of the pet to the written agreement.

By tying the permission to the specific animal, the landlord ensures that if the tenant wishes to acquire a new or additional pet, they must re-apply for consent. This allows the landlord to vet each animal individually based on the property’s suitability.

Fumigation, Carpets, and Hygiene Clauses

This is the most contentious area of drafting a tenancy agreement pet clause in NZ. Historically, landlords would insert clauses requiring professional commercial carpet cleaning and mandatory flea fumigation at the end of every tenancy involving pets. However, the Tenancy Tribunal has frequently ruled that blanket “commercial cleaning” clauses are unenforceable.

Under the RTA, a tenant is only required to leave the premises “reasonably clean and tidy.” If the tenant cleans the carpets themselves to a high standard, a landlord cannot force them to pay for a professional service just because it was in the contract.

How to Draft Enforceable Hygiene Clauses

To protect the property without violating the RTA, focus on results rather than methods. Instead of mandating a receipt from a specific cleaning company, mandate the condition of the property.

Recommended Wording for Hygiene:
“The Tenant agrees to ensure the premises remain free from pests and vermin associated with the keeping of the pet (e.g., fleas). Upon vacation of the premises, if any evidence of pest infestation is found, or if the carpets carry pet odours or stains beyond fair wear and tear, the Tenant agrees to undertake specific treatment, such as professional fumigation or steam cleaning, to restore the premises to a reasonably clean and pest-free state.”

This distinction is subtle but vital. It links the obligation to the presence of a problem (fleas/odour) rather than imposing an automatic fee, which the Tribunal views unfavourably.

Managing Nuisance and Behavioural Responsibilities

Physical damage is not the only risk; noise and nuisance are significant concerns, particularly in unit titles or cross-lease properties. A dog that barks incessantly can lead to noise control complaints and tension with neighbours, which ultimately becomes the landlord’s headache.

Your pet clause must explicitly address behaviour. It should state that the privilege of keeping a pet is contingent upon the animal not disturbing the “quiet enjoyment” of neighbours. This aligns with standard tenancy obligations but emphasizes the pet context.

Key stipulations to include:

• Waste Disposal: All animal waste must be removed from the property (lawns and gardens) regularly—ideally daily—and disposed of in a sanitary manner.
• Fencing: Clarify that the security of the animal is the tenant’s responsibility. If the property is not fully fenced, the tenant cannot modify the fencing without consent, nor can they allow the dog to wander.
• Inside/Outside Rules: If the agreement is for an “outside only” dog, this must be written down. If the pet is allowed inside, specify if any rooms are off-limits (e.g., carpeted bedrooms).

For more information on legal rights and responsibilities regarding neighbours and noise, Community Law NZ offers excellent resources for understanding the wider implications of nuisance laws.

The “Pet Bond” Myth and Financial Protections

A common misconception among landlords and tenants in New Zealand is the concept of a “Pet Bond”—an extra sum of money held specifically to cover pet damage. It is crucial to understand that Pet Bonds are illegal in New Zealand.

Under the RTA, a landlord can charge a maximum bond equivalent to four weeks’ rent. You cannot charge four weeks’ rent plus an extra $500 for the dog. Charging more than the statutory limit is an unlawful act and can result in exemplary damages awarded against the landlord.

Alternative Financial Protection Strategies

1. Maximum Bond: Always charge the full four weeks’ bond permitted by law. Many landlords charge only two or three weeks; with a pet, you should maximize this leverage.
2. Rent Premium: While you cannot charge a pet bond, the market rent can reflect the desirability of the property. Pet-friendly properties are scarce. While you cannot charge “extra” specifically for the pet in a way that looks like a fee, the advertised weekly rent can be set at a level that accounts for the higher wear and tear risk, provided it remains within market range for comparable properties.
3. Regular Inspections: The RTA allows for inspections every four weeks (though every three months is standard practice). With a new pet, scheduling an inspection 4-6 weeks after the pet moves in is a prudent way to check for early signs of damage (scratched doors, urine smells) before they become expensive problems.

Drafting the Addendum: A Step-by-Step Checklist

To finalize your tenancy agreement pet clause, ensure you have ticked off the following components. This checklist serves as a quality control measure for your draft.

• [ ] Identification: Is the pet clearly identified by name, breed, age, and microchip?
• [ ] Limit: Is there a strict limit on the number of animals (e.g., “No other animals are permitted”)?
• [ ] Nuisance: Is there a clause regarding noise and disturbance to neighbours?
• [ ] Hygiene: Is there a specific requirement to remove waste and treat flea infestations if they occur?
• [ ] Damage: Is it clear that the tenant is liable for all damage caused by the pet, including scratching of doors, chewing of skirting boards, and staining of carpets?
• [ ] Vacation: Does the clause specify the expectations upon moving out (e.g., specific attention to pet odours)?
• [ ] Revocation: Is there a mechanism to withdraw consent if the terms are breached?

By adhering to these guidelines, landlords can tap into the massive market of responsible pet-owning tenants while minimizing risk. For tenants, agreeing to these specific terms demonstrates responsibility and can often be the deciding factor in securing a rental property in a competitive market. A well-drafted pet clause is not just a rulebook; it is a framework for a sustainable and happy tenancy.

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