New rental laws for pets come into play

The Queensland Government’s new rental laws were complex and many property owners would need to lean on the expertise of their property managers to navigate the new legislative landscape.

One of the major changes ticking over on this date is the changes surrounding pet consent.

Although tenants will have increased rights when it comes to pets, it’s important to understand that consent for pets is still required, and tenants still need to seek the property owner’s permission to keep a pet on the premises.

However, from 1 October, property owners can no longer simply have a blanket ‘no-pet’ policy, and instead, property owners will be required by law to consider pet requests on a case-by-case basis.

Property owners will only be able to refuse a pet request if they can establish one of the prescribed grounds available under the new laws, such as if the premises doesn’t have a fence or facilities to humanely accommodate the pet, or if keeping the pet is likely to cause costly damage to the premises or inclusions and the repair cost would likely exceed the rental bond being held.

“The property owner also needs to respond to the pet request in writing within the statutory timeframe of 14 days, or consent will be deemed. Further, if the property owner’s negative response does not align with the available grounds to decline the request, approval may be deemed under the laws.”

There are some safeguards for property owners in that they will be able to impose certain conditions in relation to the approval of a pet in their property.

“For example, an approval could be subject to the condition that the pet is kept outside at the premises, if it’s not the type of pet that’s ordinarily kept inside”.

Or if the pet is kept inside, the property owner could include a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

“In addition, both parties should be aware from the outset that any damage caused by pets during the tenancy has been excluded from the definition of fair wear and tear, meaning property owners will be able to seek compensation for pet related damages to the premises and inclusions.”

“Before making any assumptions, we encourage all parties to learn about the new laws and to work cooperatively, referring to the relevant legislation to minimise disputes arising.”

The Housing Legislation Amendment Bill 2021 was introduced into Parliament by a Minister in June 2021 and was passed and received assent in October 2021.

PRESCRIBED GROUNDS FOR SAYING NO TO A PET REQUEST:

• keeping the pet would exceed a reasonable number of animals being kept at the premises;
• the premises are 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 premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;
• unacceptable risk to the health and safety of a person. For example, a venomous pet;
• keeping the pet would contravene a law;
• keeping the pet would contravene a body corporate by-law;
• tenant/s is/are not prepared to consent to a condition.

PET APPROVAL CONDITIONS EXAMPLES:

• If pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;
• If pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;
• If pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

If you would like further clarification on all things pets in rentals please call us on 07 5355 1000

Source:REIQ.com