Keeping a pet

The new laws will make it easier for renters to have pets in their home. A renter will be able to apply to keep a pet, with the landlord only able to decline for certain reasons.

Landlords will need to respond to a pet request within 21 days. If they do not respond, the pet will be automatically approved.

 

Landlords will be able to refuse the pet if:

  • There would be too many animals at the property.
  • The property is unsuitable for the animal because of the fencing, or lack of open space, or because it would harm the animal’s welfare.
  • The animal is likely to cause more damage than the bond could repair.
  • The landlord lives at the property.
  • The animal would break other laws, local council rules, strata or community scheme by-laws, or a residential community rule.
  • The renter did not agree to a reasonable condition for keeping the animal.

 

There will be limits on the kinds of conditions a landlord may ask for. For example, a landlord will not be able to ask a renter to increase the bond or the rent as a condition for allowing the pet.

It is also important to note that strata by-laws that ban all pets are not valid, and cannot be used to refuse a pet.

If a renter disagrees with a decision, they will be able to apply to the NSW Civil and Administrative Tribunal.

These changes to keeping pets in rental homes will start in the first half of 2025.

 

The rules around pets in rental properties have undergone significant changes in New South Wales (NSW), and will be coming into effect early to mid-2025. These updates aim to balance tenant rights with landlord protections while fostering a more inclusive rental market for pet owners. If you’re a landlord in NSW, staying informed about these changes is vital to managing your property effectively and legally.

 

Why Pets Are a Growing Concern in Rental Properties

With nearly 70% of Australian households owning a pet, accommodating pet-friendly tenancies has become an increasing priority. Historically, landlords in NSW could refuse tenants’ requests to keep pets without explanation, making it difficult for pet owners to find housing. Recent updates to NSW tenancy laws reflect a cultural shift towards embracing pets in rental properties while maintaining landlord rights.

 

What Are the New Rules for Pets in NSW Rentals?

The Residential Tenancies Act 2010 (NSW) has been amended to introduce specific provisions regarding pets in rental properties. Here’s what landlords need to know:

1. Tenant Requests for Pets

  • Tenants must formally request permission to keep a pet.
  • Landlords have 21 days to respond; otherwise, the request is automatically approved.

2. Reasonable Grounds for Refusal

Landlords can only deny a pet request if they have valid, reasonable grounds. Examples include:

  • The pet poses a health or safety risk.
  • The property isn’t suitable for pets (e.g., a small apartment for a large dog).
  • Strata by-laws explicitly prohibit pets.

3. Protection for Assistance Animals
Assistance animals, such as guide dogs, cannot be refused under any circumstances. This aligns with the Disability Discrimination Act 1992 (Cth), ensuring equal housing access for individuals with disabilities.

 

What Does This Mean for Landlords?

1. Know the Grounds for Refusal

Ensure that any refusal to a pet request is based on legally valid reasons. Keeping records of your decision-making process can protect you in case of disputes.

2. Understand Strata By-Laws

If your property is part of a strata scheme, familiarise yourself with its by-laws. Some schemes may already have provisions about pet ownership that tenants and landlords must follow.

3. Consider the Property’s Suitability

Think about whether your property is pet-friendly. For instance:

  • Is there enough outdoor space for a pet to exercise?
  • Are the interiors easy to maintain in case of pet-related damage?

 

Best Practices for Managing Pets in Rentals

1. Conduct Regular Inspections

Schedule periodic property inspections to ensure tenants adhere to the pet agreement

2. Invest in Pet-friendly Property Features

Consider having the outdoor areas secure with fencing and gates.

3. Communicate Openly with Tenants

Open communication fosters positive relationships with tenants and can help address pet-related issues before they escalate.

 

Benefits of Allowing Pets in Rental Properties

While some landlords may hesitate to allow pets, there are significant advantages:

  • Wider Tenant Pool: Pet-friendly properties attract more applicants, reducing vacancy rates.
  • Longer Tenancies: Pet owners tend to stay longer, enjoying a secure and stable tenancy with their pets
  • Stronger Tenant Relationships: Accommodating pets can build goodwill and trust with tenants.

 

Non-Compliant issues to avoid

Landlords must adhere to the new laws to avoid fines or disputes. Key mistakes to avoid include:

  • Failing to respond to a pet request within the required 21 days, otherwise the request is automatically approved.
  • Denying pet requests without reasonable grounds.
  • Ignoring strata by-laws that may conflict with your approval.

By understanding and applying the updated laws, landlords can maintain compliance and foster positive tenant experiences.

 

Conclusion

Pets are an integral part of many households, and the new rules in NSW reflect a broader cultural shift towards pet-friendly living. As a landlord, embracing these changes with clear policies, well-drafted agreements, and open communication can help you attract reliable tenants while protecting your property.

 

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EMAIL | admin@householdpm.com.au

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ADDRESS | The Nautica and Riviera Complex, Shop 1/2 Bechert Rd, Chiswick NSW 2046, Australia

 

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