While the Residential Tenancies Amendment Act has been passed, the provisions relating to pets have not yet taken effect. These changes are expected to commence in late 2025 or early 2026 through an Order in Council. Until then, here’s what landlords need to know.
Frequently Asked Questions
Can landlords charge a pet bond?
No, not yet. Pet bonds cannot be charged until the pet provisions come into effect. However, if you haven’t already collected the maximum 4-week bond, you can collect and lodge a top-up bond in exchange for consenting to pets. Important note: If your tenant is already lawfully keeping pets before the Order in Council, you cannot charge a pet bond after the pet provisions come into effect.
Are no-pet clauses still allowed in tenancy agreements?
Yes, provided they are consistent with section 11 of the Residential Tenancies Act. Existing no-pet clauses that are enforceable will remain enforceable for the remainder of the tenancy, including any renewed terms. Once the pet provisions take effect, unqualified no-pet clauses will become unlawful.
What if a tenant breaches a no-pet clause?
Landlords can issue a 14-day breach notice and apply for termination under section 56. However, termination isn’t guaranteed as the Tribunal can only grant it under limited circumstances. See our video explainer for more.
Can landlords prevent tenants from getting a dog?
While landlords cannot physically prevent tenants from getting pets, they can enforce no-pet clauses through proper legal channels. If there’s a breach, landlords can issue a 14-day notice to remedy. Alternatively, landlords can negotiate to vary the agreement to accommodate pets in exchange for more favourable terms.
What are examples of “more favourable terms”?
Depending on the nature of the tenancy and the particular circumstances, landlords could consider:
- Rent increases outside of the one year cycle under section 28 (that does not substantially exceed market rent)
- Extended tenancy terms
- Including a guarantor
- Property alterations at the tenant’s expense
Can I still decline pets after the law comes in?
Yes, so long as you can justify that with a valid reason. Don’t worry, we will be rolling out more training materials when the time comes. That said, do consider that pet friendly rentals generally enjoy longer tenancies and return more to the landlord in terms of rent.
Is it discriminatory to prohibit companion dogs?
No. Companion dogs are distinct from disability assistance dogs. While disability assistance dog owners have legal protections, companion dog owners do not. See here for more.
Important Considerations for Landlords
Future Expectations
The upcoming law changes don’t necessarily mean all tenants will acquire pets. The high cost of pet ownership, combined with current rental rates, means many tenants may not be in a position to have pets.
Pet Diversity
When considering pets, landlords should remember that not all pets pose the same risk to properties. While cats and dogs often come to mind, many pets like goldfish and hamsters typically cause minimal property damage.
Insurance Considerations
Landlords should review their insurance policies carefully. Many policies only cover pet-related damages with a specific pet extension. While the new law will make tenants fully liable for pet-related damages, best practice suggests maintaining comprehensive insurance coverage that provides immediate compensation, leaving the insurer to pursue tenant reimbursement. Initio Insurance, our insurance partner of choice, offers pet coverage as a matter of course. Contact them today to discuss your requirements.
Moving Forward
The new pet provisions are coming, but there’s no need to worry. Get ahead of the game by reviewing your insurance and thinking about simple property improvements that could make your rentals more pet-friendly. Want to learn more? Join us at our RTA training on Monday, 17 February – it’s free for members and there’s a small fee for non-members. We’ll walk you through everything you need to know about the changes. Register now to secure your spot!
curacy, laws and regulations can change. For specific advice about your situation, please consult a qualified legal professional who specialises in residential tenancy.
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