184A Definitions for part
In this part—
(i) a domesticated animal; or
(ii) an animal that is dependent on a person for the provision of food or shelter; but
(b)does not include—
(i) a working dog; or
(ii) an animal prescribed by regulation not to be a pet.
working dog means—
(a) an assistance dog, guide dog or hearing dog under the Guide, Hearing and Assistance Dogs Act 2009, schedule 4; or
(b) a corrective services dog under the Corrective Services Act 2006, schedule 4; or
(c) a police dog under the Police Powers and Responsibilities Act 2000, schedule 6.
184B Keeping pets and other animals at premises
(1) The tenant may keep a pet or other animal at the premises only with the approval of the lessor.
(2) However, the tenant may keep a working dog at the premises without the lessor’s approval.
(3) An authorisation to keep a pet, working dog or other animal at premises is subject to a body corporate by-law, park rule or other law relating to keeping animals at the premises.
1 The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.
2 The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.
184C Tenant responsible for pets and other animals
(1) The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.
(2) The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.
(3) Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear for the purpose of section 188(4).
184D Request for approval to keep pet at premises
(1) The tenant may request, in the approved form, the lessor’s approval for the tenant to keep a stated pet at the premises.
(2) The lessor must respond to the tenant’s request within 14 days after receiving the request.
(3) The lessor’s response must be in writing and state—
(a) whether the lessor approves or refuses the tenant’s request; and
(b) if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and
(c) if the lessor refuses the tenant’s request—
(i) the grounds for the refusal; and
(ii) the reasons the lessor believes the grounds for the refusal apply to the request.
See section 184E for the permitted grounds for refusal.
(4) The lessor is taken to approve the keeping of the pet at the premises if
(a) the lessor does not comply with subsection (2); or
(b) the lessor’s response does not comply with subsection (3).
(5) To remove any doubt, it is declared that a lessor’s refusal of a tenant’s request on the grounds that ‘no pets are allowed’ is not enough to comply with subsection (3)(c).
184F Conditions for approval to keep pet at premises
(1) The lessor’s approval for the tenant to keep a pet at the premises may be subject to conditions if the conditions—
(a) relate only to keeping the pet at the premises; and
(b) are reasonable having regard to the type of pet and the nature of the premises; and
(c) are stated in the written approval given to the tenant under section 184D(2).
(2) Without limiting subsection (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—
(a) if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;
(b) if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;
(c) if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.
(3) A condition of the lessor’s approval for the tenant to keep a pet at the premises is void if the condition—
(a) would have the effect of the lessor contravening section 171 or 172; or
(b) would, as a term of a residential tenancy agreement, be void under section 173; or
(c) would increase the rent or rental bond payable by the tenant; or
(d) would require any form of security from the tenant.
(4) For subsection (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.
Key information provided in this blog post has been extracted from the Housing Legislation Amendment Act 2021, the Explanatory Notes and the Residential Tenancies Authority (RTA) website, and is provided as an educational resource only.