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Three months into new rental laws coming into effect, Western Australia has reported on how its updated pets policy is working.
The Real Estate Institute of Western Australia (REIWA) has reported on the state’s transition to more lenient rules for keeping pets in rental properties, based on reports from the state’s Consumer Affairs department.
The new rules for pets came into effect in August as part of the second phase of updates to the state’s tenancy provisions. This phase also included new rules allowing renters to make minor modifications to properties – such as placing brackets to hang pictures or installing child safety devices – with permission from the landlord obtained through a state-sanctioned request form.
In both instances, the landlord has 14 days to respond to the requests, with the application being automatically approved if no objection is made within this time frame. For rejected applications, the state reviews the reason a landlord has given to ensure it’s reasonable within the circumstances.
Consumer Affairs Western Australia indicated that so far the new laws are working well, and sought to provide some clarity for property owners fielding these new requests.
Pets prompt influx of questions
According to the consumer watchdog, the majority of the issues being fielded by the department in relation to the new laws are related to pets. Primarily, these instances involve landlords either seeking to refuse a pet being kept on the premises or imposing restrictions on domesticated animals.
The most common reason given when seeking to refuse a request for a pet is that the pet will cause damage or undue hardship to the property owner. But REIWA and Consumer Affairs WA reminded rental providers that they must provide evidence that a pet is likely to cause damage for this reason to be accepted.
“For example, it isn’t enough to say it will cost several thousand dollars to replace all the flooring without providing evidence the pet is going to cause damage sufficient to warrant replacement of the entire floor, and without providing evidence of the current condition or age of the floor,” REIWA reported.
Consumer Affairs also noted that it has received a number of applications from landlords to refuse a pet on the grounds that the body corporate does not allow pets in the building. In this case, Consumer Affairs said it has no reason to get involved.
“If there’s a ‘no pets’ by-law in place, the act allows the owner to automatically refuse a request to keep a pet. They do not need to make a submission to the commissioner determinations process,” the state noted.
Minor modifications make few waves
The state reported that very few landlords had contacted the department to refuse a request to make minor modifications, and that mostly the issues were related to modifications not outlined in the new request form.
In these instances, the commissioner is reportedly considering each application on its own merit.
REIWA also urged tenants and property managers to have an open line of communication for these requests, as “upfront discussions between tenants and owners, through property managers, are often the best way to facilitate a suitable outcome for all parties”.
ABOUT THE AUTHOR
Juliet Helmke
Based in Sydney, Juliet Helmke has a broad range of reporting and editorial experience across the areas of business, technology, entertainment and the arts. She was formerly Senior Editor at The New York Observer.
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