Pets in Rental Properties - Changes to Rental Laws

From 1 October 2022, there will be changes to the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA). These changes state that a lessor can only refuse a pet request from a tenant on prescribed ‘reasonable grounds’ as set out in the RTRA Act 2008.

It is important to note that a lessor has 14 days to provide a response to a pet request. In the event a response is not provided in this time frame, the request will be deemed approved.

The prescribed reasonable grounds for refusing a request for approval to keep pets are as follows:

• Keeping the pet would exceed a reasonable number of animals being kept at the premises
• The premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space, or another thing necessary to humanely accommodate the pet
• Keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises
• Keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous
• Keeping the pet on the property would contradict another legislation, rule, or regulation – such as a breach of council laws etc.
• Keeping the pet would contravene a body corporate by-law applying to the premises

The lessor’s approval can be given subject to the following reasonable conditions set out in the Act.

• The pets must stay outside or be restricted to a particular part of the property
• The tenant must arrange for the premises to be professionally fumigated
• The tenants have the carpets professionally cleaned at the end of the tenancy (only if the pet was permitted inside)
• The rent MUST NOT be increased, and a rental bond is NOT a reasonable condition

The New laws also state the following:

• Fair wear & tear does not include pet damage.
• The tenant is responsible for any nuisance, including noise or damage caused by the pet
• Any breach of the conditions of approval for a pet breaches the tenancy agreement
• Approval of three pet is subject to by-laws or park rules in managed communities

** Please note, approval is not required for assistance dogs. **

If you have any questions or concerns surrounding the new legislation, please don’t hesitate to reach out to me on 0437 637 232.