How Recent Legislation Changes Have Affected Pet Ownership in Rental Properties
In light of recent legislation changes that make it easier for tenants to keep pets in a Queensland rental property, it's time to explore a topic close to the hearts of many: our furry, feathery and scaly companions.
What are the changes?
One of the biggest changes to rental legislation in Queensland took place recently when the Housing Legislation Amendment Act 2021 came into effect, altering some of the Residential Tenancies and Rooming Accommodation (RTRA) Act 2008. This resulted in a few new conditions coming into effect from 1 October, 2022, including significant shifts in how landlords and tenants negotiate the presence of pets in rental properties.
As per the new legislation, tenants are allowed to request to keep a pet in their rental property, and the landlord can't unreasonably refuse this request. It's important to note that this doesn't mean you're automatically permitted to keep any pet and your requirements re council approvals remain the same. Rather, it means you have the right to request and negotiate this with your landlord.
When making such a request, you should provide all relevant details about your pet, including the type, size, and nature of the pet. Also, if your pet is registered, professionally trained or has been de-sexed or microchipped, including this information could make your request more appealing to the landlord.
Can a landlord refuse your request?
If your landlord wishes to refuse your request, they must respond within 14 days and must provide a valid reason for doing so. Legitimate reasons could include the property being unsuitable for the specific type of pet (like a large dog in a small apartment) or the property being in a building where pets are expressly prohibited by the body corporate.
These changes aim to strike a fair balance between a tenant's right to enjoy their rental property and a landlord's right to maintain their investment. It's all about communication and respect.
It's important to know that the Amendment Bill is not retrospective. If you signed your lease prior to the Bill, the previous rules apply until your lease is renewed. But don't worry, when it's time to renew, the new rules will kick in.
And what about pet bonds?
While in some Australian states a pet bond can be charged, Queensland is not one of them. Your landlord can't ask for an additional bond just because you have a pet. However, like all tenants, you are expected to maintain the property and ensure that upon vacating, the property is returned in a similar condition to how it was during the entry condition report (fair wear and tear excepted). If your pet is overly rambunctious, then, you will be liable for costs associated with any property damage that occurs.
Do you need more details?
For more information about these rules, see the following article from the RTA:
https://www.rta.qld.gov.au/during-a-tenancy/living-in-the-property/renting-with-pets
Wrap-up
To sum up, Queensland's recent legislation changes have made it easier for tenants to share their rental homes with their beloved pets. However, it's still essential to communicate openly and respectfully with your landlord and ensure that your pet is well-behaved, and the property is kept clean and undamaged.
Remember, being a responsible tenant and pet owner not only maintains a positive relationship with your landlord, but also contributes to a pet-friendly rental market in the future. Happy renting!