Landlords can still refuse renters with animals despite new pet bonds

  • 16/04/2024

New "pet bonds" are being brought in with hopes it'll help ease the process for renters who own, or want to own, pets getting a home, but landlords will still have the right to refuse in some cases.

The coalition Government is introducing pet bonds - set at a maximum of two weeks rent - that can be charged in addition to the existing bond.

It'll mean tenants are liable for any damage to the property caused by pets - meaning any accidental, careless or intentional damage beyond fair wear and tear.

"Landlords don't like the perceived risk of renting to a pet-owning tenant and as a former tenant who owned a pet I'm just so happy to see this becoming law soon," Auckland Property Investors Association general manager Sarina Gibbon told AM.

"What it is going to do, in addition to charging a pet bond, what the rule is really about is saying to landlords you can no longer actually refuse or decline pets at the rental property if a tenant comes to you to ask for consent to have a pet then you cannot unreasonably withhold consent."

However, she added that "the law sets out a list of reasons that landlords can rely on to refuse consent".

Ginnon said some of those reasonable grounds to decline a pet include things like if a body corporate has a rule that prohibits pets or if the tenant has not complied with bylaws in relation to pets.

In some cases, a landlord may also want to meet the pet and have awareness about the type of pet in their property, she added.

Gibbon still believes the change will encourage landlords to take on that "perceived risk".

"It is really limiting landlords ability to formally decline pets at rental properties and really it's creating an opportunity for tenants with pets to secure a rental property and stay in their homes for much longer."

However, Renters United was not so approving of the change.

"Ultimately, the changes are moot because a landlord will still be able to evict you whenever they want with the return of 'no cause' evictions," spokesperson Luke Somervell told Newshub following the announcement on Monday.

The Government will introduce an Amendment Bill in May to make the pet bond changes, alongside other changes to the Residential Tenancies Act including bringing back 90-day no-cause evictions and making several changes to notice period laws. 

"If the Government really wanted to make it easier for pet owners who rent, they'd make it so a landlord would have to accept renters who lodged a pet bond," Somervell said.

He said ultimately the power still rests with the landlord "who can choose to accept or decline an application depending on how they're feeling that day".