Guide to Reasonable Grounds for Refusal: Pet Applications

Section 42F of the Residential Tenancies Act 1986 (RTA), states that a landlord may only refuse a tenant’s pet request on reasonable grounds that relate to the property or the specific pet.

If the tenant makes a written request to the landlord for consent for the tenant to keep a pet on the premises, the landlord must respond in writing within 21 days of receiving the request.

Blanket “no-pet” policies are not permitted. Each case must be considered on its merits and supported by clear evidence.

Examples of Reasonable Grounds:

1. Legal, Regulatory or Bylaw Restrictions

• A body corporate, unit-title, covenant, insurance policy, resource consent, or local bylaw prohibits or restricts pets.
• The pet would breach the Dog Control Act 1996 or council rules (for example, restricted breeds, excess number of pets, or mandatory desexing).
• The tenant cannot show compliance with registration, microchipping, vaccination, or other legal requirements.
• The pet is of a prohibited or restricted species or keeping it would otherwise be unlawful.

2. Property Unsuitability

• The property’s layout, size, or lack of secure outdoor space makes it clearly unsuitable for the proposed pet.
• The pet’s size, species, or activity level presents an unreasonable risk of damage or nuisance.
• The property lacks secure fencing or containment appropriate for the pet’s size or type, creating an escape risk.
• The property is furnished, heritage, or high-value where potential damage would be disproportionate.
• The property operates as a serviced apartment or similar where pets cannot be safely or hygienically accommodated.

3. Health, Safety or Nuisance Risk

• The pet’s behaviour, nature, or environment would likely cause safety risks, health hazards, excessive noise, odour, or hygiene problems that cannot reasonably be managed through conditions.
• The pet would endanger protected wildlife or breach local environmental protections.

4. Tenant History or Capacity

• The tenant has a record of poor tenancy conduct such as damage, uncleanliness, or failing prior pet conditions.
• The same pet has a verified history of causing damage, nuisance, or an insurance claim.
• Evidence suggests the pet’s welfare may not be managed responsibly or that future compliance is unlikely.

5. Tenant Declines Reasonable Conditions

• The landlord offers fair and proportionate conditions (for example, a pet bond, professional carpet cleaning, secure containment, or section 42B pet-door approval) and the tenant refuses them in writing.
• Named tenants are jointly and severally liable for the pet and any resulting obligations. Therefore, all named tenants must agree in writing to the pet consent and related conditions. If any tenant does not agree in writing, consent may be refused.

6. Property For Sale, Sold, Renovation or Redevelopment

• Approval would be impractical or unsafe due to a property being on the market for sale, a confirmed sale requiring vacant possession, planned renovations, or upcoming redevelopment.

Important Notes:

• These examples reflect the most likely lawful grounds for refusal, consistent with section 42F of the Residential Tenancies Act 1986 (RTA) and Tenancy Services guidance.
• They are not exhaustive, and outcomes may vary as case law develops, so decisions should always be supported by written evidence and reviewed against current MBIE guidance.
• If a tenant’s application is incomplete or lacks required documentation, it may be paused or declined until all details are provided.
• All refusals must be documented in writing, referencing the grounds relied on and any reasonable conditions the tenant declined.
• Disability-assist dogs are always permitted and cannot be refused or charged a pet bond.

RESIDENTIAL TENANCIES ACT 1986

Section 42F - Reasonable grounds for prohibiting tenant from, or refusing tenant consent for, keeping pet

For the purposes of sections 42D and 42E, reasonable grounds for prohibiting a tenant from keeping a pet in a tenancy agreement or refusing consent for a tenant to keep a pet include the following (for example):

(a) the premises are not suitable for the pet or pets (for example, because of the size or fencing of the premises, or other unique features of the premises):

(b) a rule or bylaw applying to the premises under this Act or other legislation prohibits the pet or pets from being kept on the premises:

(c) the tenant has not complied with relevant bylaws relating to the pet or type of pet:

(d) the pet or pets are not suitable for the premises—

(i) due to the number of pets; or

(ii) due to their size or type (for example, their species or breed); or

(iii) due to their propensity for causing damage to premises or disruption to other persons residing in the neighbourhood; or

(iv) because they include a dog that has been classified as dangerous or menacing under the Dog Control Act 1996; or

(v) because there is good reason to believe they have previously attacked persons, livestock, or other pets:

(e) the tenant has not agreed with a reasonable condition to which the landlord proposes to make the tenancy agreement or the consent subject:

(f) the tenant has previously failed to comply with a reasonable condition relating to the tenant keeping a pet.