Pets in Rental Property – Landlord FAQ

Can a tenant keep a pet?

Under the Renters’ Rights framework, tenants have the right to request permission to keep a pet.

The landlord must consider the request and must not unreasonably refuse consent.

The request must be made in writing and must describe the pet.

How long does a landlord have to respond?

The landlord must give written consent or refusal within 42 days of receiving the request.

This period may be extended where:

• The landlord requests additional information about the pet.
• The landlord must obtain permission from a superior landlord.
• The landlord and tenant agree to extend the response period.

When can a landlord refuse a pet?

A landlord may refuse consent where it is reasonable to do so.

Examples may include:

• The property is unsuitable for the animal.
• The keeping of the pet would breach a superior lease.
• The superior landlord refuses consent.

If a tenant believes consent has been unreasonably refused, they may challenge the decision in court.

Can a landlord require pet insurance?

Yes.

If the landlord agrees to the tenant keeping a pet, the landlord may require one of the following as a condition of that consent:

• The tenant must maintain insurance covering pet damage, or
• The tenant must reimburse the landlord for the reasonable cost of insurance covering pet damage.

This requirement was introduced to address concerns about damage caused by pets.

Importantly, this requirement is specifically allowed under the legislation and therefore does not breach the Tenant Fees Act.

What costs can landlords recover for pet insurance?

The legislation allows recovery of reasonable costs including:

• The premium for a policy covering pet damage.
• The additional premium caused by the presence of a pet.
• Any insurance excess relating to pet damage.

The amount must be reasonable in relation to the pet and the property.

What happens if the tenant stops maintaining the insurance?

If the tenant fails to maintain the required insurance, the landlord may be able to withdraw consent for the pet or take appropriate action depending on the circumstances.

For this reason many landlords choose to require a guarantor as an additional safeguard.

What counts as a “pet” under the law?

The legislation defines a pet as an animal kept mainly for:

• Companionship
• Personal interest
• Ornamental purposes

Examples typically include cats, dogs, birds, fish and similar domestic animals.

Can landlords limit the number or type of pets?

Yes.

Consent applies to the specific pet requested by the tenant.

If a tenant requests permission for one pet, this does not automatically grant permission for additional animals.

Landlords should ensure the written consent clearly identifies the approved pet.

PIMS practical guidance

Experience shows that pet arrangements can sometimes escalate beyond the original request.

It is therefore important that consent is documented clearly and relates to a specific animal.

Where the number or type of animals changes, the tenant should seek further permission.

Clear documentation protects both the landlord and the tenant.

Key steps for landlords

• Require pet requests to be made in writing.
• Respond within the 42-day timeframe.
• Clearly document which pet is permitted.
• Consider requiring pet insurance where appropriate.
• Keep written records of all pet permissions.