Qld's New Rules On Pets In Residential Tenancies Commence 1 October 2022

February 25, 2022 Edward Dever

Queensland’s rental reforms regarding pets in residential rental properties commence on 1 October 2022.

From that date: "If a renter requests to keep a pet, a rental property owner must have reasonable grounds to refuse and respond in writing to this request within 14 days. Reasonable grounds include if the property is unsuitable, and if keeping the pet would breach laws or by-laws.

Rental property owners can also place reasonable conditions on pet ownership, including that the pet is to be kept outside or that carpets are cleaned, and the property is fumigated at the end of a lease. A rent increase or bond are not reasonable conditions. The laws also clarify that fair wear and tear does not include pet damage.

Minimum housing standards for Queensland rental properties will start applying to new leases from 1 September 2023 and to all rental properties from 1 September 2024."

Date set for remaining Stage 1 Rental Reforms to commence

February 2022

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.

Qld Parliamentary Committee Green Lights Pet Tenancy Amendments

August 30, 2021 Edward Dever

The Community Support and Services Committee has released its report on the examination of the Housing Legislation Amendment Bill 2021. It has also released its report on the Greens' sponsored Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021.

In short, the Committee has backed the Government's Bill and rejected the Greens' Bill.

In terms of tenancies and pets, once enacted, landlords will have 14 days in which to respond to a pet request otherwise the request is deemed approved. Pet requests may only be refused on prescribed reasonable grounds. Landlords can impose reasonable conditions on pet approval. Rent or rental bond increases are not considered reasonable conditions. Fair wear and tear under a lease will not include pet damage.

The Government expects the proposed implementation time frame for the pet amendments to be 12 months from the date of the Bill's Assent.

The Bill also implements amendments to ending tenancies, establishing minimum housing standards and protections for vulnerable tenants.

QCAT anticipates that the overall tenancy reforms will "increase the number of non-urgent residential tenancy matters by 53 per cent, which is around 2,500 additional applications. QCAT also estimates that there may be an 8 per cent increase in matters that go to the QCAT Appeals Tribunal."

Housing Legislation Amendment Bill 2021
Report No. 7, 57th Parliament, Community Support and Services Committee, August 2021

Residential Tenancies and Rooming Accommodation (Tenants' Rights) and
Other Legislation Amendment Bill 2021
Report No. 8, 57th Parliament, Community Support and Services Committee, August 2021

August 2021

VCAT's Treatment of Pets - A Warning for Queensland Landlords

April 5, 2021 Edward Dever

Once Covid-19 starts to disappear from the Qld government's radar, expect the government to return its attention to tenancy reform.

Part of the proposed reforms would allow tenants to keep pets as of right in residential tenancies, with landlords being able to challenge the issue at QCAT.

Media reports indicate that, of 18 VCAT application involving pets which have proceeded to final determination, only one landlord has been successful.

Since the Victorian tenancy reforms, apparently 340 applications relating to pets have been submitted with 139 matters withdrawn or settled.

It seems inevitable that some type of reform will occur. Adopting Victoria's broad reforms may overwhelm QCAT in the short term until landlords realise the likely futility of contesting the issue.

Hopefully, there is guidance on what constitutes reasonable grounds for refusing consent for a pet. There are residential properties which are clearly not suitable for certain pets.

As an example, keeping large dogs locked up in small apartments with no outdoor fenced areas while owners are at work is not appropriate for the pet and the likely noise will lead to higher tenant churn rates in nearby apartments.

At the time of submissions on the proposed Qld reforms, the estimated timeframe for QCAT hearing an animal related order (a non-urgent tenancy related matter) following the conciliation process was twenty weeks from lodgement to hearing. Without some form of streamlined process, it is unlikely that a matter would be resolved until most of a six-month tenancy has expired.

Also, without modification, adoption of the Victorian model would put landlords in breach of certain local government requirements regarding the maximum permitted number of dogs on premises. It is not clear whether landlords would be required to make excess pet applications and whether such an application would need to be completed on a continual basis as tenants move in and out with animals such as dogs. Perhaps this will constitute reasonable grounds for refusing consent.

Few landlords succeed in pet challenges under Victorian rental laws

April 2021