The Guide to Pets in Aussie Rental Properties
Find out about all the rules for having pets in a Rental Property in Australia.
Are Pets allowed in Australian Rental Properties and what are the laws?
Pets are part of life for a lot of Aussie households, in fact, pet ownership has been on the rise in recent years and reached record highs in Australia and across the world during the pandemic.
Almost 70% of Australian households as of 2022, own a pet according to the National Survey of Pets and People conducted by Animal Medicines Australia - that’s a pretty big number!
Considering the general consensus around the world is that pets improve their people’s health, mental well-being, and mood, along with decreasing stress levels, the results are unsurprising.
So, with so many people owning pets and a large percentage of those people either owning a rental property or perhaps renting themselves, we’re going to break down the laws around Australia and from an owner or landlord's perspective, look at the impacts of allowing pets in your property.
What are the laws in Australia for Renting with Pets?
It’s a little complicated! Australia is split up into states, each with its own rules and regulations but we’ll try to break it down in a general sense, state by state below.
NSW
In New South Wales, it’s a bit of a grey area. There are no laws in the Residential Tenancies Act that restrict a tenant from owning a pet or a landlord from banning a pet but in the standard lease agreement provided by Fair Trading, there is a clause available to select requiring a tenant to have the landlord's permission to have a pet in the property.
So in short, pets are allowed in rental properties but it’s up to the landlord at the end of the day if they want them in their property or not.
If a pet is allowed in the rental property, it’s important to note that a higher bond cannot be charged for the pet.
QLD
In Queensland, there have been some changes to the laws to encourage more pet-friendly rentals and make it easier for renters to own pets.
According to the government website, 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 having to be kept outside.
A rent increase or a pet bond are not reasonable conditions in exchange for allowing pets.
VIC
In Victoria, there were some changes to the laws in 2020, meaning that renters who want to have a pet in the property must ask their rental provider (landlord) for permission.
Rental providers must have a good reason to refuse the renter’s request and would then need to apply to VCAT for an order to refuse permission.
Rental providers and owners cannot ask for an additional bond as a ‘pet bond’.
TAS
In Tasmania, pets are only allowed in a rental property if the owner has agreed or it's written in the lease. This doesn’t apply to guide dogs, however.
Tenants with pets can be required to have the property fumigated at the end of the lease by their landlord, but this should be stated clearly in the lease.
It is not possible to charge a pet bond on a property where pets are allowed.
SA
In South Australia, A property owner must agree before a tenant can keep a pet in a rental property. For strata or community title properties, approval is usually required from the strata or community corporation.
Owners are encouraged to create a Pet Agreement if they allow pets in their property. The Pet Agreement allows you to clearly detail your expectations about how a pet will be kept and managed once they're approved.
The agreement states the terms and conditions for the pet rental, such as the number and type of animals and whether the animals are to be kept inside or outside.
WA
In Western Australia, tenants wanting to keep pets on the premises must seek permission from the landlord, who is not required to provide grounds for refusing the request.
Unlike some of the other states in Australia, the landlord is able to ask for a pet bond if they allow pets but the bond amount cannot exceed $260 - this does not apply to assistance animals, however.
ACT
In the Australian Capital Territory, a tenant can write to a lessor to ask for consent to keep a pet at the rental property. If a lessor refuses to give consent, the lessor needs to apply to ACAT for approval to do so.
The lessor must then apply within 14 days of receiving the tenant’s written request to keep a pet. If no application is made to ACAT within this timeframe, the lessor is taken to consent to the tenant keeping a pet.
The lessor may put conditions on their consent to keep a pet and apply to ACAT for approval of those conditions.
The lessor does not need ACAT’s approval if the condition is reasonable, such as a restriction on the number of animals that may be kept on the property, or the expected cleanliness or maintenance of the property.
NT
In the Northern Territory, the laws changed in 2021 allowing pets into rental properties.
Sections 65A and 65B of the Residential Tenancies Legislation Amendment Act 2020 gives tenants the ability to keep a pet at their rental premises.
If after 14 days of notifying the landlord in writing of their intention to have a pet at the property and the landlord has not objected in writing or made an application to the Northern Territory Civil and Administrative Tribunal (NTCAT), then the pet is deemed allowed.
The pet is not permitted at the rental premises before or during the 14-day notice period given to the landlord and pet bonds are not able to be charged.
Previously, keeping a pet was at the discretion of the landlord and subject to the terms and conditions of the lease agreement.
Should you allow pets in your property?
As a landlord, it can be hard to know whether you should allow pets in your investment property. In the past, many landlords have may have been too worried about the risk of damage to their property, and pets were usually an automatic no.
But with more regulations in place from the governments and assurances such as pet bonds or pet agreements, as well as the changing laws, it’s becoming more commonly accepted.
Times are certainly changing and as evidenced by some of the highest pet ownership rates in the world, pets are becoming an increasingly important part of Australian lives.
Pets have been shown to have a very positive impact on our lives, as seen especially throughout the pandemic because they provide joy, and comfort and are proven to be good for mental health.
Damage is certainly a legitimate concern as you want to keep your property in good condition but it's important to remember that any damage outside of normal wear and tear is already covered in the lease agreement and the tenant is responsible.
According to the data, often damage to properties isn’t caused by pets, it’s caused by humans so that’s also something to remember! In saying this, it’s still important to carefully consider applications for pets in your property. As always, you should do your due diligence on applications and ensure you know your local laws. And, if you live in a strata building, there may be some different rules regarding pets and you should consult with your building corporation.
You might have some legitimate reasons for not wanting pets in your property which is your right, and you should exercise those rights if you feel the need to. But there are plenty of benefits to allowing pets and usually, the pros outweigh the cons. Being a pet-friendly landlord/property owner will likely make your tenant happier and more committed to staying for longer.
In some states, it can be really hard to find a pet-friendly home so it’s more likely that they’ll treat your property as their own and be appreciative that you’ve given them and their furry friend a little home.
Pet-friendly homes are highly sought after - demand is high for these properties with tenants willing to pay premium rent for the ability to have their pet with them so it makes good sense financially as well - a win for everyone at the end of the day!
Here are some great reasons to allow pets in your property:
- Tenants who own pets are generally willing to pay more rent.
- Pet-friendly properties rent faster
- Responsible pet owners can make excellent tenants.
- It is common for tenants with pets to want to sign longer leases.
- You won't have to worry about pets that are hidden anymore.
- The majority of Australians see their pets as members of the family and treat them as such.
- Reduce animal euthanasia; animal welfare agencies indicate that many of the pets surrendered by owners are ones that are unable to locate adequate accommodation.
How to deal with pets in your Rental Property.
It’s important that you abide by the rules and guidelines according to your state and if pets are allowed, be sure to take the necessary precautions available to you, whether that be through a pet bond, a pet agreement or other means.
If you’e using the RentBetter platform to manage your property, you’ll have access to the right tools to help manage these processes. With digital lease agreements and the ability to organise bond through the platform and then store everything in one place, we make it simple.
The Lease Agreement is pre-populated according to your state so you don’t have to worry about missing any details. You are able to customise it with any details regarding pets or anything else that’s unique to your property and lease.
Bond works the same way, so if your state has pet bond, this will be pre-populated and because its all digital, in a couple of clicks you’ll be able to send it off to your tenant to sign and pay. Easy!
