On 18 June 2021, the Qld Government introduced the Housing Legislation Amendment Bill 2021.
The Bill sets forth the long awaited reforms of tenancy legislation which were the subject of a lengthy public consultation process.
Part of the draft reforms relate to tenants' rights regarding pets.
It was expected that Qld would follow the southern States approaches.
The Bill falls short of Victoria's keeping pets as of right approach . (The Qld Greens Private Member's Bill is closer to the Victorian model.) Further, Qld strata schemes would be entitled to use their by-laws to restrict pets which seems contrary to the position in NSW following the Cooper case.
It is not clear at this stage whether a blanket 'no pets are allowed' strata by-law will be acceptable to the Qld Government given that a landlord will be unable to use 'no pets are allowed' as grounds for refusing pets. But it seems unlikely.
Proposed Section 184E(1)(f) is quite broad. However, the days of complete strata pet bans seem over and not destined to make a return.
The Qld Government may take the view that QCAT (or an appeal court) will confirm that the use of blanket no pet by-laws in Qld strata schemes is "oppressive or unreasonable" and therefore adopt a similar approach to the NSW Court of Appeal in Cooper. In the past, strata by-laws that have prohibited pets have been ruled as oppressive and unreasonable by QCAT and, prior to that, by the CCT.
This may be the reason the Qld Government has not moved to amend the Body Corporate and Community Management Act 1997 to exclude no pet by-laws and align this Act with the prohibition on complete pet bans in Section 184D(5) of the Bill.
The Bill has been referred to the Queensland Parliament Community Support and Services Committee with a report due by 6 August 2021.
The closing date for written submissions to the Committee is 12.00pm, Tuesday 13 July 2021.
Participate in the Committee process
Housing Legislation Amendment Bill 2021
Housing Legislation Amendment Bill 2021 - Explanatory Notes
Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250
July 2021
© PELEN 2021
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