New law will put onus on landlords to explain why pets are denied

Anyone who has ever tried to find a pet-friendly rental property will know how hard it is.

In April 2024 the Government announced the proposal to introduce pet bonds and other pet-related changes to the Residential Tenancies Act. This is to help ease the process for Tenants who own (or want to own) pets getting a home.

The proposed changes include:

• Introducing a pet bond (set at a maximum of 2 weeks’ rent) that can be charged in addition to the existing bond.
• Making tenants liable for all pet damage to properties beyond fair wear and tear. This means a tenant is fully liable for any accidental or careless damage caused by their pets, as well as any intentional damage).
• Ensuring that tenants only have a pet with the consent of the landlord. The Landlord can withhold consent on reasonable grounds (which could be due to the size of the pet or property, insufficient fencing, body corporate rules or council bylaws.)

It’s important for landlords and tenants to note that these changes are not yet law, and do not yet affect tenancies.  Government are still yet to engage to engaging in consultation to make sure the final legislation strikes “the right balance”.

The current rules are still in effect and currently mean that a landlord cannot charge any extra for a ‘pet bond’. 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.

It remains vitally important that landlords and tenants discuss any conditions about pets before starting a tenancy, or before a tenant gets a pet during a tenancy.

Read ‘Rules About Pets’ on the Tenancy Services website to find out more about the current rules:
> Rules About Pets

Article correct at time of publication. Last published 16 September 2024.