Rental Law Changes As Of October 2022 - Renting With Pets

A tenant must seek written approval from the property manager/owner 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 premises without the property manager/owner’s approval.

Any nuisance and damages caused by an approved pet are the responsibility of the tenant and pet damages are not considered fair wear and tear at the end of the tenancy.

Tenants who rent a property in a body corporate are subject to by-laws around keeping pets. Tenants may need to obtain body corporate committee approval to keep a pet, in addition to approval from the property manager/owner.

Tenants should check body corporate by-laws before asking to keep a pet, as breaching these by-laws is a breach of the tenancy agreement. A property manager/owner may refuse a request to keep a pet if keeping it would contravene a body corporate by-law.

The property manager/owner has a 14-day period to respond to a tenant’s pet request, but a body corporate committee’s approval process may take longer. The property manager/owner may refuse a pet approval request if their 14-day approval period is ending, and the body corporate has not provided a response to the pet request. If the committee later provides approval outside the 14-day period, the tenant can re-apply to the property manager/owner for the pet, with evidence of the committee’s approval.

Once approval has been given by both the landlord and the body corporate you can bring your pet onto
the community titles scheme. 

Find out more about the 1 October 2022 changes by watching the below video provided by RTA Queensland:

 

 

As the property manager/owner, you can can only refuse a tenant’s request to keep a pet at the rental property based on any of the following reasons:

1. Keeping the pet would exceed a reasonable number of animals being kept at the property.
2. 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.
3. Keeping the pet is likely to cause damage to the property and in addition could or would be likely to result in damage that could not practically be repaired for a cost less than the rental bond for the premises.
4. Keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous.
5. Keeping the pet would contravene a law.
6. Keeping the pet would contravene a body corporate by-law, house rules or park rules applying to the property.
7. The tenant has not agreed to the reasonable conditions proposed by the lessor for approval to keep the pet.
8. The animal stated in the request is not a pet.
9. If the property is a moveable dwelling, and keeping the pet would contravene a condition of a licence applying to the property.
10. Other grounds prescribed by regulation.

 

Disclaimer: This blog post is not to be considered legal advice. If you are seeking specific legal advice we suggest that you consult a legal professional before making any significant decisions in this regard.

Reference: RTA Queensland: https://www.rta.qld.gov.au/during-a-tenancy/living-in-the-property/renting-with-pets