Rules about pets
It is important that landlords and tenants discuss any conditions about pets before starting a tenancy, or before a tenant gets a pet during a tenancy. This includes discussing any restrictions on keeping pets at the property.
Landlords may add reasonable conditions to the tenancy agreement such as conditions to limit possible damage to the property, or excessive noise, caused by pets. Any conditions need to be agreed to by both the landlord and tenant and should be included in the tenancy agreement.
Landlords with unit title or cross lease properties should check their body corporate rules or any conditions of cross-leases. These rules (if any) form part of the tenancy agreement and may prevent a landlord from allowing pets at the property.
A tenant is responsible for any damage, other than fair wear and tear, that they cause to the premises, either intentionally or carelessly. This includes any damage caused by their pets that is more than fair wear and tear.
Can landlords ban pets in a rental property?
In some circumstances, a ban on pets in a tenancy may not be enforceable. If a landlord is seeking to ban pets, or to impose conditions on having pets, they should seek legal advice about whether these clauses would be enforceable in the particular circumstances of the tenancy.
The Residential Tenancies Act 1986 (RTA) does not mention pets, except in relation to boarding houses. Pets are banned in boarding houses unless a tenant gets permission from the landlord.
Recent Tenancy Tribunal decisions have indicated that, depending on the circumstances of the tenancy, including the type of pet, landlords may not be able to enforce a condition in a tenancy agreement that bans pets. To ensure they are complying with their obligations under the RTA, a landlord could:
- choose to allow pets in the tenancy – this could include imposing reasonable conditions such as conditions to limit possible damage to the property, or excessive noise, caused by pets. If you are unsure about whether a condition would be enforceable in the circumstances, you can seek independent legal advice, or
- seek independent legal advice about whether to include a condition in the tenancy agreement to ban pets.
Enforcing conditions banning pets
Any condition that places obligations on a tenant that are not listed in the RTA cannot be enforced unless the Tenancy Tribunal decides that the condition should be permitted. This also applies to conditions that hold the tenant to a higher standard than the RTA requires. A condition banning all pets might be unenforceable, depending on the tenancy.
Quiet enjoyment
Tenants are entitled to quiet enjoyment of a rental property. This means the landlord cannot harass the tenant or interfere with their reasonable peace, comfort and privacy. Having a pet could be considered part of a tenant’s right to quiet enjoyment. Landlords cannot add conditions to a tenancy agreement that breach the tenant’s rights under the RTA (such as quiet enjoyment) and a tenant cannot agree to give up rights they have under the RTA.
Has the law regarding pets changed?
The RTA has not changed in relation to pets. Some recent Tenancy Tribunal decisions have considered whether the current law allows landlords to ban pets and found that in some circumstances, a ban on pets in a tenancy agreement was not enforceable. These Tenancy Tribunal decisions do not set binding precedent (meaning that other Tribunal or Court decisions do not have to follow them).
This is an evolving area of law, and the Tenancy Tribunal has released several decisions where conditions in tenancy agreements banning pets were enforced. If Tenancy Services becomes aware of a decision from a higher court that sets precedence on this issue and offers more certainty, this guidance will be updated.
Adding conditions to the tenancy agreement
If a tenant has (or plans to get) a pet, it may be useful for the tenancy agreement to have conditions which note:
- the number of pets
- the type of pet
- what happens if the tenant wants a new or replacement pet
- any agreed conditions that limit possible damage to the property, or excessive noise, caused by pets
Landlords can add conditions to a tenancy agreement if they are reasonable and comply with the RTA. This may include conditions to limit possible damage to the property that help to ensure tenants do not breach their responsibilities under the RTA.
Any conditions that hold the tenant to a higher standard than the RTA requires will have no effect. A landlord cannot enforce what is outside the law, and tenants cannot agree to give up rights they have under the RTA.
Adding conditions to the tenancy agreement
Things for landlords to consider
Landlords may consider several factors when deciding on a tenant (for example, credit rating and references). Having a pet is only one factor and may not be a significant one.
If a landlord turns down a tenant because they have a pet, they may be denying themselves a good tenant. A landlord can ask the tenant for references from previous landlords on how well behaved the pet was.
Landlords can decide who they rent their property to, but they cannot unlawfully discriminate against tenants. They must comply with all relevant legislation, including the RTA and the Human Rights Act 1993. The Human Rights Act confirms that people cannot be discriminated against on the grounds of disability, including people who rely on a disability assist dog.
Can landlords charge extra bond for a pet?
The maximum bond a landlord can charge is the equivalent of 4 weeks' rent. A landlord cannot charge more than this because the tenant has a pet.
Does a tenant need to tell the landlord before they get a pet?
Sometimes a tenant does not have a pet, or any plans to get one, at the start of a tenancy. If they later change their mind, it is important the tenant discusses any conditions about pets with their landlord before getting a pet. This includes discussing any restrictions on keeping pets at the property.
Landlords and tenants may agree to add a condition to a tenancy agreement requiring a tenant to obtain the landlord’s consent before getting a pet (which will not be unreasonably withheld). This gives parties the opportunity to agree on any relevant conditions to be added to the tenancy agreement if a tenant decides to ask for the landlord’s consent to get a pet during the tenancy.
What if a current tenancy agreement bans pets?
If an existing tenancy agreement does not allow pets or limits the type of pet a tenant can have, the tenant(s) can talk to their landlord about making changes to the tenancy agreement. Tenants can discuss the type of pet they would like to have, and any reasonable conditions to limit possible damage to the premises caused by pets.
If a landlord and tenant cannot reach an agreement, either party may apply to the Tenancy Tribunal for a decision on whether the existing condition in the tenancy agreement can be enforced. The Tenancy Tribunal will consider the evidence and decide whether the landlord and tenant are complying with the obligations set out in the RTA.
If a landlord is unsure if a condition banning pets in a current tenancy agreement can be enforced, they can seek independent legal advice.
Can a landlord give notice to end a tenancy if a tenant gets a pet?
No. Notice to end the tenancy can only be given for the reasons set out in the RTA.
Giving notice to end a tenancy
If the tenancy agreement contains a condition banning pets and the tenant gets a pet, the landlord can consider giving the tenant(s) a 14-day notice to remedy. If the tenant does not remove the pet within the 14 days, the landlord can apply to the Tenancy Tribunal for an order to end the tenancy. The Tenancy Tribunal will consider if the condition banning pets can be enforced and decide if the tenancy should be ended. We recommend getting independent legal advice before applying to the Tenancy Tribunal.
Last updated: 27 三月 2024
