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Tenants will be allowed to keep pets without the owner’s consent in most circumstances, once the bill, currently before Parliament, is passed.
Tasmania is the latest Australian state to consider legislation that makes it easier for renters with pets to secure a place to live, following on from Victoria, the ACT, South Australia and the Northern Territory.
The Residential Tenancy Amendment Bill 2024 would transfer the onus of deciding whether a tenant may keep a pet from the property owner to the Tasmanian Civil and Administrative Appeals Tribunal (TASCAT).
The reform was previously put forward as an election promise by the Tasmanian government.
If a tenant intends to keep a pet, they will be required to notify the property owner in writing. If the owner objects, they will be required to apply to TASCAT within 28 days, who will determine whether there are reasonable grounds for the exclusion of the pet.
Tenants will only be allowed to keep “eligible animals” on the premises. Ineligible pets include:
- Dangerous dogs, as defined by the Dog Control Act 2000.
- Dogs over six months of age that are not registered.
- Cats over six months that are not microchipped.
Additional criteria TASCAT will use when determining whether an owner has reasonable grounds to deny application for a pet include:
- Causing a nuisance on the premise, or on adjacent premises.
- Causing “more than reasonable wear and tear” to the property.
- Posing an unacceptable risk to the safety of a person, or the safety of another animal on the premises.
- Other grounds that TASCAT considers reasonable.
Tenants will be responsible for fixing any damage caused by the pet at the end of the lease.
Prior to the bill being put before Parliament, and during a public consultation period, numerous groups put forward submissions regarding the proposed changes to the Residential Tenancy Act 1997.
In their submission to Consumer, Building and Occupational Services, Break O’Day local council has stressed that the amendment must ensure property owners do not “have to bear the cost” in the case of property damage beyond the scope of the bond.
Speaking on the issue of property damage, Shelter Tasmania stated it “[does] not believe any amendment is required by the act to resolve damage to the property caused by a tenant’s pet” because section 53 of the Residential Tenancy Act already requires tenants to leave the premises in the same condition as they found them at the start of the tenancy.
When considering the introduction of pet bonds, several stakeholders opposed the motion, citing the already “prohibitive” costs of rental bonds in Tasmania.
“Research by the Australian Housing and Urban Research Institute found that property damage in households with pets is no more likely than in households without pets,” stated the Companion Animal Network.
“Tenants are paying significantly more for bonds without justifiable reasons.”
Toppling furniture also addressed
In addition to allowing renters to keep pets, the proposed amendment will allow renters to secure furniture to the wall without consent, in order to avoid risk of injury or death to residents.
The Tenants’ Union of Tasmania expressed support for the amendment, noting that since 2000, “28 people, including 17 children under five, have died in Australia from toppling furniture, and each year more than 900 Australians suffer injuries requiring medical assistance from toppling furniture”.
Their view was echoed by advocacy organisation Bolt it Back for Reef, which stated: “Holes in walls are repairable. You cannot put the risk of a child’s life on a preventable and repairable solution.”
