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

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.

Queensland Tenancy Reforms Draw Near

July 8, 2021 Edward Dever

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

Greens Private Member's Bill - Residential Tenancies and Rooming Accommodation (Tenants’ Rights) and Other Legislation Amendment Bill 2021

Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250

July 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

Queensland Residential Tenancy Reform Proposals

January 8, 2020 Edward Dever

Set out below are the Queensland Government's preferred residential tenancy reform options:

1. Minimum Housing Standards

Option 5: Prescribe minimum housing standards for rental accommodation supported by enhanced repair and maintenance provisions

2. Renting with pets

Option 4 – a range of amendments to the RTRA Act to strengthen a tenant’s options regarding the keeping of a pet on rental property, but also to safeguard the ability of the property owner to refuse to accommodate a pet where there are reasonable grounds to do so.

Option 6 – The RTRA Act would be amended to allow a specific pet bond to be charged and kept separate from the general bond.

3. Minor modifications

Option 3 – Establish mechanisms to manage minor modifications with appropriate safeguards. A definition for a ‘minor modification’ would be introduced to the RTRA Act. Owners would be required to seek a pre-emptive QCAT order to refuse minor changes required for health, safety, accessibility and security reasons.

4. Domestic and family violence

Option 3 – Tenancy law protections for people experiencing DFV would be improved to support them to end tenancies quickly and safely, limit their liability for end of tenancy costs, streamline access to their bond contribution, and more easily install safety and security measures.

5. Ending a tenancy fairly

Option 5 - Remove the ability for owners to end tenancy agreements without grounds but introduce a number of additional grounds to end tenancies under the RTRA Act

The deadline for submissions was 8 January 2020.

PELEN submitted a detailed submission dealing with a number of these issues.

https://www.yoursayhpw.engagementhq.com/give-feedback-renting-in-qld

PELEN

January 2020

Submission to Queensland Government on Proposed Tenancy Reforms

December 19, 2018 Edward Dever

Set out below is an edited version of a submission made to the Queensland Government in relation to its proposed tenancy reforms. The deadline for submissions was 30 November 2018.

MEMORANDUM

Reference is made to the proposed changes to Queensland's tenancy laws.

We note that there is a possibility that Queensland will follow the Victorian model of allowing tenants to keep animals on a rental property as of right unless the landlord obtains a contrary order from VCAT. (https://www.vic.gov.au/rentfair/pets-are-welcome.html)

Should the Victorian model regarding animals be adopted in Queensland, we have a number of concerns as follows:

Landlords would be required, as an example, to allow tenants to keep a dog (of any size) in each rental property as of right, unless one could successfully argue against this, presumably with QCAT. In our view, certain properties are not suitable for animals such as dogs. Landlords would therefore be required to obtain orders from QCAT to allow them to refuse to permit animals in their properties.
Where properties rent on either a six- or twelve-month lease, it is possible that landlords with multiple properties would need to submit a significant number of applications per year to QCAT. While we agree that is unlikely that all tenants would wish to keep a dog or other animal, a high number of applications remains a possibility.
QCAT has confirmed that the current estimated timeframe for hearing an animal related order (a non-urgent tenancy related matter) following the conciliation process managed by the Residential Tenancies Authority is 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.
It is likely that QCAT would require additional funding and staff levels to deal with the potential significant number of applications from landlords in Queensland seeking animal related orders. QCAT have previously noted that “the judicial structure of the tribunal remains inadequate to address the caseload issues, the appeal load and the provision of the necessary management support to the tribunal. Additional staff and space is urgently required.” (https://www.qcat.qld.gov.au/__data/assets/pdf_file/0011/559928/qcat-annual-report-2016-17.pdf)
Where rental properties have no front fence, no driveway gate and no exterior fenced exclusive use areas for tenants to keep animals such as dogs, these animals would need to remain in each unit at all times, including while the tenant was at work. This is likely to cause significant nuisance to neighbours. Multiple dogs residing in different units in a complex would likely increase the nuisance to neighbours. In our view, this would lead to increased tenant turnover.
Without modification, the requirement to allow animals such as dogs would put landlords in breach of certain Council 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.
In one apartment complex example, without the right to refuse animals such as dogs, a situation could arise where there is a maximum of 16 dogs across eight apartments. This is based on the maximum number of dogs permitted per unit under the relevant Council regulations. Such an outcome is likely to result in significant nuisance to neighbours and increased tenant turnover within the apartment complex. Landlords and community title schemes should retain the right to refuse animals on reasonable grounds.
Pet bonds equivalent to, for example, four weeks rent are unlikely to cover the damage which may be incurred by landlords from animals, particularly for premises rented on a furnished basis.
The costs related to QCAT proceedings and any relevant council permit applications as well as likely increased tenant turnover would put upward pressure on rents.

Should the Queensland Government consider adopting the Victorian model of allowing tenants to keep animals on a rental property as of right, we would suggest the following points:

That the Queensland Government defer following the Victorian model until such time as the Victorian model is fully implemented and problems associated with this model can be identified, including issues related to the additional burden placed on VCAT. All the Victorian reforms are expected to be implemented by 1 July 2020. (https://www.vic.gov.au/rentfair/pets-are-welcome.html)
That landlords be permitted to refuse to allow animals such as dogs on reasonable grounds such as the type and size of animal, size of the property, lack of appropriate fencing or outdoor areas and proximity to other dwellings. The Queensland Government should recognise that certain premises such as small units and units close together are not suitable for all types of animals. Landlords are best placed to determine what animals are suitable for particular types of premises.
That community title schemes in Queensland retain the right to refuse to allow animals on reasonable grounds.
If landlords are required to make application to QCAT in order to refuse to allow an animal, a system be introduced whereby a landlord could make a once-off application in relation to a particular property rather than needing to make repeated applications to QCAT as new tenants lease the property and seek to keep animals. An alternative would be to allow such an application to be made in relation to a particular property, for example, once every three years. This would reduce the cost and administrative burden on both landlords and QCAT.

PELEN

November 2018