New Zealand Property Investors' Federation

The NZPIF is the umbrella body for 20 local Property Investors' Associations throughout New Zealand.

(027) 357 9243

www@nzpif.org.nz

 

Pets    -   Management and Clauses

Allowing pets or not is one of the very careful decisions a landlord needs to make. Many landlords have a standard ‘no pets' approach when advertising for tenants, but actually can be quite negotiable, particularly when they know how to protect themselves with a good pet clause.

Some pets can cause serious damage and problems. It is your decision whether you allow pets or not; not all pets cause problems, but then again not all owners are responsible either. Sometimes the type of tenancy dictates that pets are not allowed but generally landlords simply include a ‘no pets' clause in the tenancy agreement.

On the other hand, if you allow a pet you may be able to attract a tenant in a difficult market, or keep an existing tenant, or you may be able to charge higher rent. Many landlords do not realise they can manage the pet risk reasonably well. If you allow pets, be specific about the pet, and set out clear instructions on how it is to be managed in your pet attachment in the tenancy agreement.

Options for managing pets problems

1. Talk to the tenant. If the pet is well trained and you can see it will be managed well by the tenants then you may respond differently than if the pet is dangerous or a nuisance.

2. Allow the pet to stay. If you do this complete a pet attachment, get it signed by the tenant and include it in the tenancy agreement. See sample form.

3. Say the pet must go. Consider confirming this request with a 14-day notice. 

4. Apply to the Tenancy Tribunal for termination. You will need to issue a 14-day notice and then apply to the Tribunal for a termination order. The Tribunal seldom terminates a tenancy immediately in these cases; instead it may write a conditional possession order such as: ‘the pet has to be removed by a certain date and if the pet is not gone by that date then the tenancy will end.'

As a general rule the ‘no pets' clause is easy to manage and ensures there is no damage to the property from a pet. Should the tenant then get a pet, it is reasonably easy to sort out.

 

 

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)