Pets & Approvals
Starting January 2021, the Residential Tenancies Legislation Amendment Act 2020 introduced changes to Sections 65A & 65B. Section 65A now includes a presumption that a tenant is permitted to keep a pet by giving written notice to the landlord. If the landlord objects to the pet within 14 days of receiving the notice, they must put the objection in writing and file an application with the NTCAT to determine if the refusal is reasonable.
The facts
• Sections 65A and 65B do not apply to a tenancy agreement entered into before the commencement.
• This wil apply to all new leases that commence 01/01/2021 onwards.
• Body corporate house rules still apply and cannot be overruled by the legislative changes.
• Pet bonds are not alowed Any tenant who wishes to keep a pet must first give the landlord written notice with details of the proposed pet.
• The Act alows landlords to seek restitution from damage caused by pets from tenants.
•A tenant may give a notice under subsection (2) inrespect of more than one pet.
• This wil apply to all new leases that commence 01/01/2021 onwards.
• Body corporate house rules still apply and cannot be overruled by the legislative changes.
• Pet bonds are not alowed Any tenant who wishes to keep a pet must first give the landlord written notice with details of the proposed pet.
• The Act alows landlords to seek restitution from damage caused by pets from tenants.
•A tenant may give a notice under subsection (2) inrespect of more than one pet.
Disputing pets
• The landlord has 14 days after receiving the notice under subsection (2) to object to the tenant keeping the pet & must do so in a written reply with reasoning as to why.
• The landlord must then make an application to the Tribunal under section 65B.
• A tenant must not keep the pet on the premises before the expiry of the 14-day period referred to in subsection (3).
• NTCAT will determine if the landlord's objection is reasonable and that the tenant must not keep the pet on the premises .
• NTCAT may include conditions and any other ancillary matter relating to the keeping of a pet on the premises it considers appropriate.
• The landlord must then make an application to the Tribunal under section 65B.
• A tenant must not keep the pet on the premises before the expiry of the 14-day period referred to in subsection (3).
• NTCAT will determine if the landlord's objection is reasonable and that the tenant must not keep the pet on the premises .
• NTCAT may include conditions and any other ancillary matter relating to the keeping of a pet on the premises it considers appropriate.
