How to ask landlord for a pet NSW

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Pet ownership rates in Australia are among the highest in the world. Some statistics suggest that three in five households in Australia keep a pet. However, despite this, landlords are often not willing to allow renting with a pet and can refuse to allow an animal to live on a rental property. Some have called for this to be changed in recent times. This is because pets, by many, are considered so essential to good mental health and well-being.

The legislation and residential tenancy agreements

The legislation which covers residential tenancies in New South Wales is the Residential Tenancies Act (2010). Nothing in this Act prevents a tenant from renting with a pet that is kept at their residence.

However, the majority of residential tenancy agreements contain clauses relating to pet ownership. Most leases have a term stating that pets are not allowed to be kept on the premises.

Most lease agreements also require tenants to obtain permission from their landlord before introducing a pet onto the property during the term of a lease. A tenant may breach their lease or residential tenancy agreement if they do not comply with these terms.

By-laws

When a person rents in a strata scheme, there may also be by-laws about the keeping of pets. The landlord must provide the tenant with the by-laws for the building within seven days of their moving in.

Under section 139(1) of the Strata Schemes Management Act 2015 a by-law must not be “harsh, unconscionable or oppressive”. Some people have used this section to challenge by-laws that prevent pet ownership.

Damage and professional cleaning

When an owner allows renting with a pet, the tenant is responsible for any damage that is done to the property by their pet during the term of the lease. Usually, terms that require tenants to have their premises professionally cleaned or fumigated are invalid according to the law in New South Wales. However, there is sometimes an exception to this where a tenant has been allowed to keep a pet. In this situation, the tenant may be required to pay for these additional cleaning costs.

Noise and nuisance

A tenant who is renting with a pet will be responsible for any noise or nuisance that the pet causes to neighbours. A tenant can be found to have breached their tenancy agreement if their pet causes too much disruption. What is considered too much noise or nuisance will depend on the circumstances.

If a tenant’s pet escapes from the property and wanders onto another person’s property, the tenant may also be found liable for nuisance. So, it is a good idea to make sure all parts of the property that are required for the pet being kept safely on the premises are in good order.

Landlord’s access when a tenant is renting with a pet

If a landlord visits their premises while being aware that the tenant is keeping a pet, and does something that harms the animal, they may be liable for that harm. An example of harm would be where a pet escapes due to the landlord leaving a gate open during their visit.

Pet bonds

A pet bond is a separate bond to the one paid at the beginning of the tenancy. Its purpose is to account for the damage that may be done to the property by a pet. A landlord may ask a tenant to provide such a bond when you decide to take a pet on the premises with you. It is important to know that these bonds are not lawful in New South Wales.

Renting with a pet that assists with a disability

The Companion Animals Act 1998 (NSW) makes it illegal for a landlord or strata to disallow a tenant to keep an assistance animal at their residence. If you are denied the right to keep an assistance animal with you, you may be able to make a complaint through the Anti-Discrimination Board of New South Wales or the Australian Human Rights Commission.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Kym Ryan has looked over thousands of rental applications while working as a property manager in Melbourne.

So when she had to apply for a rental herself recently, she came up with a plan to deal with the fact she had a dog.

"I have a little white fluffy thing, so I sent a photo of her in a pink tutu," she says.

"They probably thought, 'This woman is crazy'. But it shows that my pet is like a member of the family."

Lucky for Ms Ryan, the strategy paid off. And while renting with pets is becoming more common, it's not always easy.

With that in mind, here are some things to consider if you're renting and thinking about getting a pet.

Can your landlord prevent you from keeping a pet?

In Victoria and the ACT, landlords must apply to a tribunal to prevent a tenant from keeping a pet.

In other states and territories, tenants generally need to seek permission first, says Leo Patterson Ross, chief executive of the Tenants' Union of NSW.

 "This is where the states are starting to diverge," he says.

"What Victoria has done — and what other states and territories are considering — is changing the rules so the landlord has to be the one who puts up a reason why it's not suitable for that animal to be in that property.

"At the moment, in the other states, the law is essentially that the landlord can say no without giving any reason."

Even if you get your landlord's permission, there can be another barrier if you live in an apartment block or strata premises.

"Even if a landlord says yes, the strata may require its own permission to be given separately," Mr Patterson Ross says.

"Quite often there's a split: the landlord says yes, and the strata says no. Or vice-versa."

Again, the rules depend on where you live. But keep in mind that some states, like Victoria and NSW, have found blanket bans on pet ownership to be invalid.

If in doubt about your situation, you can contact your local government authority or tenants' group.

What to think about before you get a pet

For Mr Patterson Ross, the key question is whether your home is suitable for a pet.

"Is the animal going to have enough space? Is it going to get enough exercise?" he says.

"If we address [those questions], and we make sure the home is suitable, then a lot of the concerns the landlords and neighbours have can be cut off from the beginning."

Another thing to consider is what you'll do if your circumstances change.

"I'd also say [to consider] where are you now, and where you are going to be in a year or two. Let's face it, pets are for life," Ms Ryan says.

Here are some other questions Mr Patterson Ross and Ms Ryan suggest asking yourself before getting a pet:

• How much space and activity will your pet need?
• What can you do to minimise any concerns from your landlord, agent or neighbours?
• Are the property's features (e.g. flooring) suitable for your pet?
• What will you do if you need to move at short notice?
• If you travel regularly, who will look after the pet when you're away?

Tips for approaching landlords and applying for properties

If you're thinking of getting a pet, Ms Ryan suggests raising it with your landlord first.

In Victoria, there's a specific form you can use to make a pet application.

In other states, you could either get in touch with your landlord directly or via a property manager.

Ms Ryan says it helps if you've done your homework, and you're willing to discuss with your landlord how you'll make the tenancy work with a pet.

"It's about telling the owner that you are fastidious, and you clean up after your pet. And I think just highlighting those things shows the owner, 'Hey, I care, and I want to make this my home'," she says.

And like Ms Ryan discovered, it can help to include a cute story and a photo.

"I think people do respond to pictures and stories about the animals. And frankly I think they're probably a bit susceptible to cute animals," Mr Patterson Ross says.

"Ultimately what landlords and agents are looking for … are potential risks.

"Giving information, and telling the story of how your pet doesn't pose a problem for them … that kind of story is going to help."

It's a strategy that can also help when applying for rentals, a process that can be difficult – especially in competitive rental markets.

Even in Victoria, which is relatively pet friendly, renters can still face discrimination at the application stage, Mr Patterson Ross says.

"People apply for 20 places, and maybe 15 were appropriate, but they are unsuccessful. And the only ones they're being offered are a bit small, or don't allow pets," he says.

Make sure you get permission in writing

If you've been given permission to keep a pet, it's a good idea to get the agreement in writing.

"It's always a good idea to get any agreement in writing so that there's evidence for it later on -- whether people forget, or the property manager changes and the record isn't there," Mr Patterson Ross says.

Similarly, if you are starting a new lease, it's important to check all the terms to ensure you agree to them.

Again, it will help if there are any disputes that arise in the future.

If you're ready, it's worth asking

Pets can bring all sorts of benefits to your life. And if you're a responsible tenant, and you state your case well, you'll give yourself the best chance of a positive response.

"Responsible tenants are usually responsible pet owners. The right tenant with a pet is better than the wrong tenant without a pet," Ms Ryan says.

Information about renting laws in your state or territory

Renters' advice services