Pets allowed?

[cube]

If a Tenancy Tribunal ruling creates a precedent, this seems to open the cat flap to all lots of difficult conversations.

https://forms.justice.govt.nz/search/Documents/TTV2/PDF/8448708-Tenancy_Tribunal_Order.pdf

[donna]

Is a pet goat okay? I mean where does the TT draw the line on what animals are allowed?

We had Guinea Pigs when we were young but they lived outside.

Cats & Dogs….

It’s impossible to get rid of the smell of cat pee and that’s the best case scenario - I.e. that’s all you have to deal with. Full replacement of carpet if the pee is left too long and the ammonia bleaches it.

A rental I bought had dog and cat stains even replacing the carpet didn’t entirely get rid of the smell. It had etched onto the floor underneath.

cheers

Donna

[Keys]

Ow!



(mamc)

[Alexy]

well the judge used section 11[1], but he could have used section 11[2]. He clearly was not sympathetic to the land lord. To me it is obvious that LLs have strong reasons not to allow tenants to have pets, but the judge just ignored these reasons.

[Keys]

^^ Disagree. I don't see how 11(2) applies.

[Alexy]

Correction, the judge could have applied section 11(1,b). He took into account the interest of the tenant but totally ignored interest of the LL.

[donna]

^^ except when the LL is the Gov't.


See this news item.....

[learner]

Oh dear, this is rather inconsistent. On the one hand:

19. As discussed at the hearing, the RTA does not provide any legal justification for a landlord to exclude pets from a tenancy agreement. If the RTA does not allow such an exclusion then a tenant is free to have pets at the property.

20. I sympathise with the landlord’s frustration that a clear term of his agreement with the tenant can be ignored. However, a landlord cannot contract out of the provisions of the RTA. See section 11(1) RTA
.
21. The tenant is entitled to retain his guinea pigs at the property.

G Baker (Adjudicator)
13 December 2022 TT4448080

On the other hand:

7. The RTA does not specifically prohibit landlords from including requirements in their agreements with respect to the keeping of pets. Presumably, the reasoning for this is that landlords are entitled to protect their houses from the damage that many animals inflict.

8. Therefore, whilst I sympathise with Ms Gaunt’s predicament, the RTA does not provide the Tribunal with the jurisdiction to override a landlord’s clause on pets in a situation such as this. Landlords are entitled to ensure that their properties are kept well maintained and this is often the reason they chose to prohibit pets. Although I accept Ms Gaunt’s evidence that her cat is well behaved, this does not mean that such a clause is unreasonable or unenforceable

K Lash (Adjudicator)
23 March 2023 TT 4477761

So, one adjudicator says it's fine to ignore a Tenancy Agreement clause that says that pets are not allowed, and the tenant is entitled to retain his guinea pigs.

Another adjudicator says that a Tenancy Agreement clause that says that pets are not allowed is reasonable and enforceable because the landlords are entitled to ensure that their properties are kept well maintained.

The second ruling has a proviso that the RTA does not provide the Tribunal with the jurisdiction to override a landlord’s clause on pets in a situation such as this. I wonder if the Chief Adjudicator can give a list of situations where the Tribunal can override a landlord's clause. Clearly there is such a list because both adjudicators consulted the list, and one situation was on it (so pet was OK), but the other situation was not (so pet not OK).

Landlords must be given this list, to understand the apparent inconsistencies between adjudicators, otherwise people may get the impression that adjudicators just make up their own rules. Confidence in the Tenancy Tribunal may then be affected.

[cube]

Its made it to the Herald, so now more tenants will be aware: https://www.nzherald.co.nz/nz/tenanc...CH3HG6RHQNV6Y/

[cube]

Its made it to the Herald, so more tenants will be aware.

https://www.nzherald.co.nz/nz/tenancy-tribunal-pet-ruling-sparks-fears-landlords-wont-be-able-to-stop-tenants-owning-animals/C7EHKEJNWRAB7CH3HG6RHQNV6Y/

[jemimafisher]

This has been an interesting case to follow. As a landlord, what use is an agreement if the TT is just going to override it? What does everyone else think about this situation? I allow my tenants to have pets. When I first listed my rental property, allowing pets suddenly expanded my list of potential tenants (it's true that your property will be more attractive https://www.barfoot.co.nz/landlords/...ants-with-pets). But I understand that this is not always appropriate or possible.

[jamesdonaldson]

Hi Jemima, I agree. It seems tenancy agreements aren't worth the paper they're written on these days. However, I hope more landlords are willing to allow pets as it's extremely to find a rental in most NZ regions. More often than not, they're responsible pet owners. It's the handful who aren't that ruin it for the rest.

[donna]

^^ the challenge for LLs is what they can and can not do when things go wrong. LLs are not supported by this Gov't (Labour) so why would they take the risk?