What are the laws around tenancy and pets?

In Australia, recent years have seen changes around tenancy and pet ownership. Luckily, we’re a pet-loving nation. There’s a good chance your pets can live with you.

When renting with a pet, keep an eye on laws and requirements. They differ across states and territories. Are pet bonds allowed where you live?

Cities and councils may also have by-laws limiting number of pets per residency, or type of pets. Take time to research relevant local rules and regulations.

Verify up-front terms of your rental agreement that pertain to owning pets. Remember, records matter, so make copies of forms or requests.

A common mistake is keeping pets on the property during the approval window, which risks breaching your rental agreement.

No-one wants to be apart from their pet – but wait till they’re officially allowed to live with you. 

Assistance animals are exempt from the rules below. Refusing them is unlawful under the Commonwealth Disability Discrimination Act 1992, and a pet bond can’t be requested for them. 

Australian Capital Territory

Tenants apply in writing to the lessor for permission to keep a pet. If no response is given within 14 days, the tenant can view this as approval. Pet bonds are not allowed.

The lessor may include reasonable conditions. Other conditions must be approved by the ACT Civil and Administrative Tribunal (ACAT). Disputes are resolved by the ACAT.

New South Wales

The lessor decides whether a pet is allowed, and isn’t required to provide or justify their reasoning. This also applies to property or buildings in a strata scheme. 

If a pet is allowed, the lessor and tenant set the terms in the tenancy agreement. Pet bonds are illegal. The NSW government offers more information for tenants.

Northern Territory

Tenants must notify the lessor in writing if they propose to keep a pet on the premises.

The lessor has 14 days to object in writing, and apply to the Northern Territory Civil and Administrative Tribunal. 

Apartments and units where the Body Corporate rules and regulations specifically prohibit pets are not subject to the legislation.

Pet bonds are not permitted. Read more in the Northern Territories Consumer Affairs fact sheet.

Queensland

A tenant can seek written approval to keep a pet using Form 21. 

The lessor must respond within 2 weeks, providing clear details of any conditions, or clarifying why approval is withheld. No pet bond is allowed.

No response after 14 days counts as approval. The Residential Tenancies Authority provides further details. 

South Australia

As of 1 July 2024, tenants applying to keep a pet can’t be refused, unless based on grounds listed in the Residential Tenancies Act 1995 (the Act).

A written request for pet approval is required, and lessors can impose reasonable conditions. Pet bonds are not allowed.

If you rented prior to 1 July, send an application to your lessor to secure formal pet approval under new laws, especially if you have no written pet agreement.

Consumer and Business Services in South Australia can provide the details and form links.

Tasmania

Tasmania recently introduced proposed legislation to amend the Residential Tenancy Act 1997. A statement from the minister for small business and consumer affairs explains the changes.

The amendment aims to allow tenants pets without requiring lessor permission (with a few exceptions), as long as they’re notified.

Any lessor wanting to object must apply to the Appeals Tribunal within 28 days.

Tenants in Tasmania should stay up to date on proposed amendments.

Victoria

Tenants must ask for permission to keep a pet using a pet request form.

The lessor provides written permission within 14 days, stating the associated address. No response also counts as approval. Pet bonds are not permitted.

Lessors wanting to refuse permission will apply to the Victorian Civil and Administrative Tribunal. Consumer Affairs Victoria offers helpful details.

Western Australia

As of 29 July 2024, changes were made to tenancy laws relating to pets.

Pets are allowed (with some exceptions) as long as written approval is sought from the lessor, using the appropriate documents. Pet bond can be requested.

Permission may be needed from the Commissioner of Consumer Protection to refuse a pet.

You can read more about the rent reforms. Further details and links to required forms are found here. 

Have you experienced any issues when renting with a pet? Let us know in the comments section below.

Also read: How to deal with pet hair and smell at home

Gillian O'Meagher
Gillian O'Meagher
Gillian is a features writer, content specialist, and novelist with over two decades experience spanning newsprint, magazines, websites, and copy for more than 100 companies across Australia. She has addressed numerous topics pertinent to retired Australians, including real estate downsizing, superannuation, and insurance as well as food, fashion, entertainment, and health and wellbeing.

2 COMMENTS

  1. I am a landlord and while I am happy about some pets, others not so much. Both puppies and kittens can wreck carpets if left home unattended. Replacing a carpet costs more than any bond.
    I suspect this will encourage many like me to sell.

  2. I totally agree with Teeto27. Carpets and underfelt absorb pet urine. These smells are later camouflaged with “carpet fragrance powders”. The landlord then needs to completely remove the underfelt and carpet.
    In addition, tenants now have more rights than landlords.
    Please remind me.
    Who is the owner of the property?
    The tenant or the landlord?

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