In turn, there is a very high demand for pet-friendly accommodation. Renting in Queensland with a pet can be very difficult however, with only about 10% of rental properties currently allowing pets.
Landlords and property managers often refuse to accept applicants with pets, saying they will cause damage to the property or attract pests such as fleas. In the later part of 2021, a Rental Law reform was passed with new allowances for tenants to keep pets in rental properties in Queensland.
Can A Tenant Keep A Pet?
From October 2022 the following changes will commence which favour the tenant to have a pet, these include:
• A renter can seek the property owner's permission to keep a pet, and property owners can only refuse a request on identified reasonable grounds, such as keeping the pet would breach laws or by-laws
• The property owner must respond to a request for a pet in writing within 14 days, or consent is implied
• The property owner's consent may be subject to reasonable conditions, such as the pet has to be kept outside. A rent increase or a pet bond are not reasonable conditions.
Can A Pet Bond Be Charged?
Sometimes in a bid to maximise their chances of renting with a pet, applicants offer to pay an additional pet bond.
In Queensland, the law does not permit a landlord to charge a separate pet bond.
Disability
If a tenant has a disability under the Guide, Hearing and Assistance Dogs Act 2009, a landlord is not allowed to discriminate because they have a guide dog or assistance dog.
What If Your Tenant Is Already Renting & They Want To Get A Pet?
If the tenancy agreement does not state that pets are permitted, the tenant needs to make a request for permission to get a pet, which will mean having the lease varied so that it states that they may have a pet and the type of pet they may have.
If the tenant asks permission to get a pet, as the owner you cannot unreasonably withhold their consent. However, it may be reasonable to place restrictions on the sort of pet allowed.
Body Corporate
If your investment is within a unit complex, there is a process to seek approval for pets within the body corporate which is normally passed via a committee.
If there is a by-law that prohibits pets from your rental property or which restricts the circumstances in which pets can be kept, this may be capable of being challenged and declared invalid.
By-laws must not be prohibitive in nature, meaning they should not impose an absolute ban on anything. Conditional by-laws are valid only if the conditions are reasonable. A by-law must not be oppressive or unreasonable.