While the Residential Tenancies Amendment Act has been passed, the provisions relating to pets have not yet taken effect. These changes are expected to commence in late 2025 or early 2026 through an Order in Council. Until then, here’s what landlords need to know.
Frequently Asked Questions
Can landlords charge a pet bond?
No, not yet. Pet bonds cannot be charged until the pet provisions come into effect. However, if you haven’t already collected the maximum 4-week bond, you can collect and lodge a top-up bond in exchange for consenting to pets. Important note: If your tenant is already lawfully keeping pets before the Order in Council, you cannot charge a pet bond after the pet provisions come into effect.
Are no-pet clauses still allowed in tenancy agreements?
Yes, provided they are consistent with section 11 of the Residential Tenancies Act. Existing no-pet clauses that are enforceable will remain enforceable for the remainder of the tenancy, including any renewed terms. Once the pet provisions take effect, unqualified no-pet clauses will become unlawful.
What if a tenant breaches a no-pet clause?
Landlords can issue a 14-day breach notice and apply for termination under section 56. However, termination isn’t guaranteed as the Tribunal can only grant it under limited circumstances. See our video explainer for more.
Can landlords prevent tenants from getting a dog?
While landlords cannot physically prevent tenants from getting pets, they can enforce no-pet clauses through proper legal channels. If there’s a breach, landlords can issue a 14-day notice to remedy. Alternatively, landlords can negotiate to vary the agreement to accommodate pets in exchange for more favourable terms.
