The Residential Tenancies Amendment (Animals in Residential Premises) Bill 2024 aims to ensure landlords cannot unreasonably deny tenants the right to keep animals in rental properties. Under this bill:
- Tenants may keep animals if the landlord provides written consent, which must not be unreasonably withheld.
- If the landlord does not respond to the tenant’s request within 14 days, consent is assumed.
- Alternatively, landlords may apply to the Civil and Administrative Tribunal for an order that it is reasonable to refuse consent. The Tribunal can either grant permission to keep the animal or decide that the landlord’s refusal is reasonable.
Currently, there is no term in the Residential Tenancies Act 2010 that prohibit tenants from keeping a pet, or that requires tenants to obtain their landlord’s consent to same. However, many landlords will include a clause in the residential tenancy agreement (i.e. lease) that restricts pets. This bill will prohibit such clauses, and landlords will only be able to refuse consent if in the eyes of the Tribunal, it is reasonable to do so.
Although the Residential Tenancies Act 2010 provides that tenants are mostly responsible for any damage caused to the property by their pet, in many instances landlords have had to bear the costs associated. This bill may incur greater costs for landlords, likely leading to an increase in rental prices.
If you or someone you know has an issue with a tenancy agreement and requires advice contact Meehans today on 4627 3333.
This article was published on 25/7/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.