TABLE OF CONTENTS
- General
- Reasonable Conditions
- Denying a Request
- State by State Legislation
General
Whenever a tenant requests to keep a pet at the property, they should complete either a pet application (you can find one within REA forms) or a prescribed request for pet approval document.
PLEASE NOTE: The below information is subject to change. You should always seek current & relevant information as per legislation in your state.
Reasonable Conditions
There are reasonable conditions that can be imposed on a tenancy if pets are approved to be kept at the property. These conditions should be documented either through the tenancy agreement or a separate pet agreement form.
Reasonable conditions can include but aren't limited to:
- the pet to be kept outside of the rental property, if the pet is not a type of pet ordinarily kept inside.
- the property to be professionally fumigated at the end of the tenancy, if the pet can carry parasites that could infest the property
- carpets to be professionally cleaned at the end of the tenancy, if the pet is allowed inside the property.
Denying a Request
The lessor can choose to approve or deny the request, however, reasons must be provided for denial of the request & it must be in line with legislation.
Examples of reasons a lessor can refuse the tenant's request to keep a pet:
- Keeping the pet would exceed a reasonable number of animals being kept at the property.
- The property is unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another item necessary to humanely accommodate the pet.
- The tenant has not agreed to the reasonable conditions proposed by the lessor for approval to keep the pet.
- Keeping the pet would contravene a body corporate by-law, house rules or park rules applying to the property.
If a lessor does not respond to the tenant request to keep a pet at the property within the specified timeframe, the request is assumed to be approved.
State by State Legislation
There are different requirements & limitations for each State for the pet approval process & conditions of pet approval. Please see below information by state:
Queensland
Tenant submitting a Pet Request
Tenants must use the RTA Form 21 to request approval from the property owner to keep a pet or animal in their rental property. Tenants should complete a separate form for each pet.
A tenant must seek written approval from the lessor to keep a pet at the rental property. It is a significant breach if an animal, other than a working dog, is kept at the property without the lessor’s approval.
Lessor Responding to Pet Request
As the lessor, you must respond to the request within 14 days, which is on or before the date outlined in item 6 of the request form.
Your response must state two key pieces of information:
- whether you (the lessor) approve or refuse the tenant’s request, and
- other conditions for approval, or reasons for refusal of the request:
- If you approve the tenant’s request to keep a pet, you may state additional reasonable conditions for the approval and why this applies.
- If you refuse the tenant’s request to keep the stated pet, you must state the specific reason for refusing the request as outlined under the legislation
Important: If a lessor does not respond to the request within 14 days, or if their written response does not comply with the approved reasons for refusal or conditions of approval under the Act, the request will be taken as approved.
For further information, please refer to the following webpage:
https://www.rta.qld.gov.au/forms-resources/factsheets/renting-with-pets-fact-sheet
New South Wales
Tenant submitting a Pet Request
In NSW, tenants can keep pets in a rental property only with the landlord’s consent. Tenants do not need to ask for consent to keep an assistance animal.
A landlord can only refuse consent for certain reasons.
A tenant who has signed an agreement and wants to keep a pet in the property can apply to the landlord using the pet application form. Landlords must give their response using the same form.
If the landlord consents, they can set conditions for keeping the pet in the property, but the conditions must be reasonable.
Tenants who have already been given consent for a pet do not have to apply again.
Lessor Responding to Pet Request
Landlords have 21 days to respond to an application. If no response is given within 21 days after the application is given to the landlord, then the pet is automatically approved without conditions.
Landlords should use this time to discuss the request with the tenant, including any conditions for consent.
To respond to the tenant’s request, the landlord must:
- complete section B of the pet application form
- if setting conditions – list the reasonable conditions that will apply to keeping the pet
- if refusing the pet – give the reasons for refusal and explain why the reason applies
- give the completed form to the tenant.
For further information, please refer to the following webpage:
https://www.nsw.gov.au/housing-and-construction/rules/pets-rentals
Victoria
Tenant submitting a Pet Request
Renters who want to keep a pet should:
- complete a Pet request form. The renter must complete a separate form for each pet they want to keep.
- give the form or forms to their rental provider
- keep a copy for their own records.
Lessor Responding to Pet Request
The rental provider has 14 days (starting the day after they receive the form) to make a decision.
- If they agree to the renter having the pet, they should give consent in writing, using the address the renter gave on the pet request form.
- If they don’t agree, they should apply to VCAT and tell the renter they have done so within the 14 days. The renter can’t keep a pet while VCAT is making a decision.
- If the rental provider does not respond at all within the 14 days the renter can keep the pet.
The rental provider can try to negotiate conditions for keeping a pet on the property. For example, they might say the pet is not allowed inside. If the renter does not agree to the conditions and the rental provider wants to exclude the pet, they must apply to VCAT. Any agreed conditions should be put in writing.
For further information, please refer to the following webpage:
https://www.consumer.vic.gov.au/housing/renting/repairs-alterations-safety-and-pets/pets
Western Australia
Tenant submitting a Pet Request
The tenant must ask for permission to keep a pet during the tenancy using the Form 25 (Pet Request Form). Tenants will need to:
- complete the tenant section of the pet request form
- give the form to their landlord
- keep a copy for their records
Lessor Responding to Pet Request
The landlord has 14 days, starting the day after they receive the form, to:
- make a decision and let the tenant know and
- apply for Commissioner approval to refuse or set special conditions if needed. Conditions only apply if they are approved.
If the landlord does not respond at all, the tenant can keep the pet.
The landlord can refuse a pet if keeping the pet would break a law or strata rule. Commissioner approval is needed for a landlord to refuse a pet for other reasons, such as the premises being unsuitable or there being too many pets already at the home.
A pet bond can be requested by the lessor. For further information, please refer to the following article:
https://www.atrealtysupport.com.au/a/solutions/articles/14000149145
For further information, please refer to the following webpage:
https://www.consumerprotection.wa.gov.au/renting-pets
South Australia
Tenant submitting a Pet Request
Tenants must seek approval from a landlord or agent to keep a pet and landlords or agents must respond within 14 days of receiving a request. Tenants must use the following application form to apply to keep a pet at a rental premises: https://www.cbs.sa.gov.au/documents/tenancy/forms/Application-for-approval-to-keep-a-pet-on-rental-premises.pdf
Lessor Responding to Pet Request
The landlord's response can include reasonable conditions for approval or reasons for refusal, which must be based on one of several specific grounds set by the law.
For further information, please refer to the following webpage:
Tasmania
Tenant submitting a Pet Request
Tenants who want to keep a pet in their rental property must submit a Request to Keep a Pet on Residential Premises Form 36R / 36S. This form provides the property owner or agent with the information they need to properly consider the request.
Lessor Responding to Pet Request
Property agents/owners cannot unreasonably refuse a request for consent from a tenant.
After being given the request for consent to keep a pet, property owners/agents have 14 days to either:
give written consent to the tenant, or refuse consent by:
- giving written notice to the tenant of the refusal and the reason for the refusal, and
- making an application to the Tasmanian Civil and Administrative Tribunal (TASCAT).
If a property owner/agent does not give, or refuse, consent within 14 days, they are taken to have consented to the tenant’s request.
Property owners/agents can agree with the tenant to conditions for keeping the pet at the premises.
For further information, please refer to the following webpage:
https://cbos.tas.gov.au/topics/housing/renting/beginning-tenancy/pets
Australian Capital Territory
Tenant submitting a Pet Request
A tenant can write to a lessor to ask for consent (agreement) 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.
Lessor Responding to Pet Request
A lessor may put conditions on their consent to keep a pet, and apply to ACAT for prior approval of those conditions.
A lessor does not need ACAT’s approval if the condition is reasonable, such as the number of animals that may be kept on the property, or the expected cleanliness or maintenance of the property.
If a tenant disagrees with the lessor’s conditions, the tenant can apply to ACAT to resolve the dispute.
A lessor must 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.
For further information, please refer to the following webpage:
https://www.acat.act.gov.au/case-types/rental-disputes/pets-in-rental-properties
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