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Since the Victorian tenancy reforms, apparently 340 applications relating to pets have been submitted with 139 matters withdrawn or settled.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
© PELEN 2021
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