Tenant Loses Tenancy Over Unauthorised Pet
📌 In brief
The Tenancy Tribunal ended a lease because the tenant had a puppy without permission, despite the property being advertised as suitable for mature pets only. The tenant refused to remove the dog, leading to the termination of the tenancy.
⚖️ Legal holding
A tenant must obtain permission before keeping a pet in a rental property.
📖 What the law says
This rule allows a tenant to ask the Tenancy Tribunal to cancel a notice ending their tenancy if they believe the landlord gave the notice because the tenant complained or used their rights as a tenant. The tenant must apply within 14 working days of receiving the notice.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to the tenant's failure to obtain permission for a pet and subsequent breaches.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant who had a puppy without permission, causing damage and disturbance to neighbors. The landlord served a notice requiring the tenant to remove the pet, which was not complied with.
📚 Full judgment Official document
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[2025] NZTT 5151592
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] As Agent For [NAME], at 6pm on Wednesday 26 March 2025.
2. [NAME] is to pay the filing fee of $27.00 immediately.
Reasons:
1. Both parties attended the hearing.
2. The landlord has applied for termination of the tenancy for breach of the tenant’s obligations.
Should the tenancy be terminated?
3. The Tribunal may terminate a tenancy for breach where, due to the nature or extent of the breach, it would be inequitable to refuse to terminate. See section 56(1) Residential Tenancies Act 1986.
4. Where the breach is capable of remedy the landlord must first serve a notice on the tenant requiring them to remedy the breach within at least 14 days and establish that the tenant has failed to do so.
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5. The tenant has breached their obligations by having a puppy at the property without first obtaining permission. The landlord does not want the puppy she has obtained to remain at the property because of the damage it is causing and because it is disturbing the neighbours by barking.
6. The landlord served a 14-day notice on the tenant on 12 December 2024, and the tenant did not remedy the breach within the required period.
7. It would be inequitable to refuse to terminate the tenancy because the landlord does not wish to have a puppy at the property. The property was advertised as “mature pet” preferably a cat maybe “considered on application”. The tenancy agreement says no pets unless permission is granted.
8. The tenancy started in September 2024. In about November Ms [NAME] got a medium sized “staffie/huntaway” puppy. She did not request permission.
9. When a property inspection occurred on 11/12/2024 the property manager, observed the puppy and stood in pet urine on the carpet in the hallway.
10. A breach notice was served the following day. The dog remains at the property.
11. While the breach could have been remedied, it has not been. The tenant has refused to remove the dog.
12. The dog is kept inside and has ripped an area of carpet as well as urinating on the carpet. Three different neighbours have complained that the dog is barking and complained that Ms [NAME] is disturbing their peace when she yells at the dog abusively.
13. Simply put it is quite reasonable to end this tenancy because of the seriousness of the breach, and it would be quite unreasonable to refuse to make the requested termination order.
14. Ms [NAME] has now been on notice for quite some time that the tenancy was likely to end because of the breach. The one week’s timeframe, to allow her time to move, is reasonable in the circumstances.
15. [COMPANY] As Agent For [NAME] has wholly succeeded with the claim I must reimburse the filing fee. The landlord did not request name suppression. The public interest requires that the tenant’s name is published.
J Maher
19 March 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant breached their obligations by having a puppy without permission.
- The landlord did not want the puppy at the property due to damage and disturbance.
- The tenant failed to remedy the breach within the required 14-day period after receiving notice.
- The tenancy agreement stated that no pets were allowed unless permission was granted.
- The puppy caused damage to the carpet and neighbours complained about its barking and the tenant's abusive yelling.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated because the tenant had a puppy without permission and caused damage and disturbance.
What was the dispute about?
The dispute was over the tenant's unauthorised pet, which violated the tenancy agreement and caused issues with the property and neighbors.
How did the court decide, and why?
The court decided to terminate the tenancy because the tenant did not obtain permission for the pet and did not remedy the breach after receiving a notice.
Which laws or rules were applied?
The Residential Tenancies Act 1986, specifically section 54, was applied.
What was the argument that mattered most?
The argument that mattered most was that the tenant had not obtained permission for the pet and had not remedied the breach after receiving a notice.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they obtain permission for any pets before bringing them into a rental property.
What evidence or documents mattered?
The evidence included the tenancy agreement, the notice served by the landlord, and statements from neighbors about the disturbances caused by the pet.