After coming into effect on Monday 2nd March 2020, new pet regulations have now made it easier for renters to keep pets inside their rented homes.
The new law means a Rental Provider (new term for Landlord) cannot unreasonably deny a pet and if they do want to deny the pet, their Property Manager must go to VCAT for the refusal along with the proof of the reasons.
All pet applications are automatically approved if no VCAT hearing is applied for within 14 days of the date on the Pet Application. Unless factual proof is provided on why this property should not have the pet, there is a low chance that VCAT will refuse the Pet approval.
Please read below content from Consumer.vic.gov.au for detailed information.
What tenants need to do
- Complete a Pet request form for each pet.
- Give the completed form/s to your landlord.
- Keep a copy for your own records.
The landlord has 14 days (starting the day after they received the form) to apply to VCAT if they want to refuse consent for a pet. If you do not hear from them within this 14-day period, you are allowed to keep the pet.
Tips for completing a Pet request form
It’s a good idea to provide information that will help the landlord decide whether the pet is suitable to be kept on the premises. This could include:
- information about the pet’s age, temperament, training or other characteristics
- reference(s) from a vet, trainer, previous landlord and/or neighbour
- why you think the property is suitable for keeping your pet
You should also check that the pet complies with local council laws and other laws about pet ownership. These laws will apply regardless of whether the landlord has given consent. For more information, visit the Pets section – Department of Jobs, Precincts and Regions website.
What landlords need to do
To consent to a pet request, notify the tenant in writing. Use the tenant’s address for serving documents listed at 1 on the Pet request form.
Under the Residential Tenancies Act 1997, you must not unreasonably refuse consent for a tenant to keep a pet on the rented premises.
If you want to refuse consent, you must apply to VCAT within 14 days, starting the day after you receive the form. VCAT will consider the circumstances of your case and whether the pet is suitable for the property.
If you do not apply to VCAT within 14 days (starting the day after you receive the form), this will mean you have consented to the pet request.
If the landlord applies to VCAT
VCAT can order that either:
- the landlord’s refusal is reasonable and/or the pet is excluded from the property, or
- the tenant can keep the pet on the rental property.
When making its decision, VCAT may consider:
- the type of pet the tenant wants to keep
- the type of property the tenant is renting
- appliances, fixtures and fittings in the property
- other relevant laws (for example, if the pet is prohibited by a local council law)
- anything else VCAT considers relevant
If VCAT makes an order excluding the pet from the premises, the tenant has 14 days to comply with the order after it takes effect. If the tenant has not complied with the order after 14 days, the landlord can serve them with a notice to vacate, giving a minimum of 28 days’ notice.
If a pet causes damage or other problems
Tenants have duties under the Residential Tenancies Act 1997, which include:
- taking care to avoid damaging the premises
- keeping the premises reasonably clean
- not causing a nuisance or interfering with the reasonable peace, comfort or privacy of neighbours
If the tenant does not meet their duties, the landlord can give them a breach of duty notice. This notice tells the tenant to fix the breach or pay compensation for any damage, and states that the tenant must not breach the same duty again.