Unauthorised Pet in NZ Rental: What Landlords Can Do

The Tenant's Obligation

Section 42C(1) of the Residential Tenancies Act 1986 is clear: a tenant cannot introduce a new pet to the property without the landlord's written consent or an existing clause in the agreement that permits the animal. Keeping a pet without that authority is an unlawful act under Section 42C(2), and the Tenancy Tribunal can award exemplary damages of up to $750 against the tenant.

What to Do When You Discover an Unapproved Pet

Finding an unapproved animal during a routine inspection is one of the most common scenarios self-managing landlords face. Here is the process:

1. Do not take direct action against the tenant. No threats, no illegal entry, no demands that the animal be removed by the end of the week. Unlawful pressure or entry will backfire at the Tribunal and could expose you to your own penalties.

2. Give written notice to remove the pet. Tenancy Services says a landlord can give the tenant notice to remove an unapproved pet. If you seek termination for a remediable breach under Section 56 of the RTA, the notice must specify the breach and give at least 14 days to remedy it. The tenant must remove the animal or obtain your written consent; submitting a consent request alone does not authorize the pet.

The notice must be in writing, specify the breach (keeping an unapproved pet), and state what the tenant must do to fix it. Deliver it through a valid service method — email to the address for service, letterbox, or post — and apply the appropriate service buffers under Sections 136 and 136A.

3. Give the tenant space to respond. Many tenants in this situation will submit a formal pet request rather than remove the animal. If they do, process the request through the standard consent framework: assess the animal against the Section 42F grounds, respond in writing within 21 days, and set conditions if you approve.

4. If the pet remains without consent, use the Tenancy Tribunal's normal disputes process. You can seek exemplary damages for the unlawful act (up to $750) and compensation for any damage the pet has caused. If you seek termination under Section 56, make sure you have met that section's notice requirements.

Do Not Skip Steps

If you are seeking termination for a remediable breach under Section 56, you must first give written notice specifying the breach and at least 14 days to remedy it. This is a notice to remedy, not a 14-day notice terminating the tenancy. For other Tribunal remedies, follow the normal disputes process.

Preventing the Problem

The simplest prevention is a clear written process from the start of the tenancy. Ensure your tenancy agreement records any pet permissions and includes only restrictions allowed under Section 42D, give the tenant a copy of the MBIE pet request form (Form 12371), and explain the Section 42C consent process during onboarding. Most unauthorised pets result from tenants not knowing they need formal approval rather than deliberately flouting the rules.

Our Pets in Rentals NZ guide covers the full unauthorised-pet process, including a Section 56 notice template and an evidence checklist for Tribunal applications.

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