‘No pets’ clause?

Our Victorian rental laws have changed and in particular, the “no pets” clause is no longer an option for rental providers. Previously, rental providers, (or landlords as we knew them prior to the reforms) could restrict a renter from having a pet in the property. Things have changed though, and our legislation now enables renters the option to have a pet upon request.

The legislation isn’t easy to navigate around and in addition to the changes around pets in properties, and in 2021, over 130 reforms were applied to our previous rental laws in Victoria.

The pet legislation is a common one for us to field questions about, because plenty of investors are sensitive to property damage (scratches and odours), nuisance pets in the neighbourhood, or damage to yards/grass/gardens.

Being clear on the new laws is essential so that our investors understand the breadth and limitations of control that they have on their asset.

For those renters who have had a pet in their home since Monday 2 March 2020, the new laws don’t apply. For all renters who have decided to get a new pet since this date however, the following laws apply.

“Renters who want to have a pet in the property must ask their rental provider (landlord) for permission. Rental providers must have a good reason to refuse the renter’s request. Rental providers can apply to VCAT for an order to refuse permission.

All renters, including those with pets, have a responsibility to keep their rental property clean, avoid damage, and not be a nuisance to others. The rental provider has rights if a pet causes damage or other problems.” (Consumer Affairs Victoria)

“The rental provider has 14 days (starting the day after they receive the form) to make a decision.

• If they agree to the renter having the pet, they should give consent in writing, using the address the renter gave on the pet request form.
• If they don’t agree, they should apply to VCAT and tell the renter they have done so within the 14 days. The renter can’t keep a pet while VCAT is making a decision.
• If the rental provider does not respond at all within the 14 days the renter can keep the pet.” (Consumer Affairs Victoria)

So, what is a good reason for a rental provider to refuse a pet?

This is an interesting question. Tenants Victoria states;

“In making their decision, VCAT can consider:

• The type of pet
• The character and nature of your home, and the appliances, fixtures and fittings in it
• Any other laws that would allow the landlord to refuse consent (for example, local council laws that could say certain types of pets are not allowed)
• Anything else they think is relevant”

VCAT also states that a renter in a strata development (ie. a property withan Owners Corporation) must be clear on the OC rules prior to considering a new pet.

Even if a pet causes damage or is a nuisance, the rental provider still can’t necessarily evict a renter or force them to give up their pet.

“Renters have legal duties and responsibilities including:

• taking care to avoid damaging the property
• keeping the property reasonably clean
• not causing a nuisance or interfering with the reasonable peace, comfort or privacy of neighbours.

If the renter does not meet their duties, the rental provider can give them a Notice of breach of duty to renter of rented premises (Word, 88KB). This notice tells the renter to fix the breach or pay for any damage, and states that the renter must not breach the same duty again. This could apply to damage caused by a pet.

If the renter does not comply with this notice, the rental provider can apply to VCAT for a compensation or compliance order.

When making a decision about damage caused by a pet, VCAT will consider:

• fair wear and tear
• the age and condition of the damaged item(s).”

Tenants Victoria states:

“If your pet is creating a nuisance or causing damage or preventing you from keeping the property reasonably clean, the landlord can give you a breach of duty notice stating that you must stop your pet from causing these breaches. If you do not fix the problem within 14 days, the landlord can either give you a second breach of duty notice, or they can apply to VCAT for a compliance order. This order legally requires you to comply with the breach of duty notice and/or pay financial compensation.

To get a compliance order from VCAT, the landlord will have to prove that your pet is causing a nuisance or damaging the property. You will be given the chance to go to the VCAT hearing and defend your landlord’s claims. If you do not follow a VCAT order, the landlord can give you a 14-day notice to vacate.

If you do not fix the problem within 14 days of receiving the second breach of duty notice, the landlord can can give you a 14-day notice to vacate.

A notice to vacate does not mean that you have to move out. If the landlord wants to evict you, they will have to apply to VCAT and prove that you have not complied with the VCAT order or the breach of duty notices. You can go to the VCAT hearing and present your side of the story.”

Pet bonds are not under law for inclusion either.

Never before has it been so important to have a good property manager who will help and guide you to selecting the right renter(s) for your property.

An investment property is too valuable an asset to leave things to chance, from pets to other new renter’s rights in our recent rental reforms.