Lessors can only refuse a pet request made by a tenant for specific prescribed reasons and can't just say "no pets allowed". No pet bond allowed and rent cannot be increased due to approval of the pet.
Pets – Changes to the Law:
- must respond to tenant's request within 14 days – s184D
- response must be in writing and state either: If approved – any conditions of approval or; If refused – prescribed reason for refusal and why you think it applies
Otherwise, failure to respond within the timeframe will be taken as deemed approval.
What is a Pet?
It is important to note that a "pet" is now defined as a domesticated animal or animal that is dependent on a person for the provision of food or shelter – s184A A pet does not include a working dog or animal prescribed by regulation not to be a pet.
The tenant may keep a working dog on the property without your approval – s184B. A working dog includes:
- an assistance dog, guide dog or hearing dog under the Guide, Hearing and Assistance Dogs Act 2009, schedule 4; or
- a corrective services dog under the Corrective Services Act 2006, schedule 4; or
- a police dog under the Police Powers and Responsibilities Act 2000, schedule 6.
Mental health pets may not fall into the category of working dog – however you should exercise caution in these cases, as a refusal may equate to discrimination in some circumstances.
Pet Approval Conditions
Section 184F - clients can approve a request subject to conditions which must:
- relate only to keeping the pet at the property;
- be reasonable having regard to the type of pet and the nature of the property; and
- be stated in the written approval given to the tenant.
Without limiting what conditions are reasonable having regard to the type of pet and the nature of the property, s 184F(b) of the RTRA Act prescribes that the following conditions are taken to be reasonable:
- If the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the property;
- if the pet is capable of carrying parasites that could infest the property—a condition requiring the property to be professionally fumigated at the end of the tenancy; and
- if the pet is allowed inside the property—a condition requiring carpets in the property to be professionally cleaned at the end of the tenancy.
Pet Refusal Grounds
If the client refuses a request, it is no longer sufficient to say "no pets allowed" under s184E of the RTRA Act, the permitted grounds to refuse a request are that:
- keeping the pet would exceed a reasonable number of animals being kept at the property;
- the property is 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 property or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the property;
- 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 would contravene a law;
- keeping the pet would contravene a body corporate by-law or park rule applying to the property;
- the tenant has not agreed to the reasonable conditions proposed by you for approval to keep the pet;
- the animal stated in the request is not a pet; or
- if the property is a moveable dwelling property—that keeping the pet would contravene a condition of a licence applying to the property.
Pets – Damage to Property
Other changes … Section 184C - the tenant is responsible for:
- repairing any damage to the property or inclusions caused by the pet or other animal; and
- all nuisance caused by a pet or other animal (not including a working dog) kept at the property, including, for example, noise caused by the pet or other animal.
Damage to the property or inclusions caused by the pet or other animal will not be considered fair wear and tear.
Note: Residential Tenancies and Rooming Accommodation Regulation 2009 (RTRA Regulation) Regulation 37 - Examples of what may be fair wear and tear
- wear that happens during normal use
- changes that happen with ageing
Pets – Other Things to Consider
An authorisation to keep a pet at property is also subject to any body corporate by-law, park rule or other law relating to keeping animals at the property.
If a pet request is received, you must on behalf of client contact your body corporate manager to confirm what their requirements are and if approval of the body corporate is needed.
Important to note – body corporate may charge owner if a special meeting is required for the body corporate to approve the pet request