Local News

Proposed Changes RTA Amendment 2024 Pets and Pet Bonds

Until recently, it was considered enforceable to include a "No Pets" policy in rental agreements. However, some adjudicators have recently suggested that this is not enforceable, as the Act does not define pets in rental properties. This has created ambiguity, prompting the current government to propose an amendment to clarify the issue and make the rental market more pet-friendly. Among the changes, landlords will be allowed to request a pet bond of up to two weeks' rent.

In our opinion, these changes have many merits. Many good tenants have pets and are willing to pay a pet bond, which levels the playing field for pet owners. However, making it impossible for landlords to prohibit pets removes some of their rights in tenant selection. One could argue that landlords might simply choose applicants without pets, but a tenant with a history of pet ownership and references could be a stronger candidate than one who decides to get their first puppy during the tenancy.

In response to these issues and to incentivise landlords to accept pets in rental properties, the Bill—

• enables landlords to require a pet bond up to a maximum amount equivalent to 2 weeks’ rent for the tenancy:
• provides that a tenant may only keep a pet in their rental property if permitted by their tenancy agreement or with the written consent of their landlord:
• provides that landlords must not prohibit pets in tenancy agreements unless they state reasonable grounds for the prohibition and must not impose unreasonable conditions on a tenant keeping a pet:
• provides, in relation to written requests from a tenant to their landlord to keep a pet, that landlords—

1. must respond to a tenant’s written request within 21 days, stating whether they approve or refuse the request and any reasonable grounds they attach to a consent:
2. may only refuse a tenant’s request to keep a pet on reasonable grounds and must state those grounds:
3. may include other details as part of the consent, for example the type and number of pets consented to:

• provides a list of reasonable grounds on which a landlord can refuse pets, for example due to a body corporate rule that prohibits pets being kept on the premises:
• makes tenants liable for the costs of all damage caused by pets that is not fair wear and tear:
• prescribes new unlawful acts and infringement offences to support compliance with pet-related rights and responsibilities.

The Bill has not yet been passed but has cleared its first reading, so we will need to keep an eye on further developments.