NT’s new rental laws blasted by landlords, presume tenants have the right to keep pets

The NT’s new rental laws — which presume tenants have the right to keep pets on a property — have been slammed by the real estate industry for being a ‘huge infringement’ on landlord property rights

The NT Government has been criticised for passing new rental laws that presume tenants can keep pets on a property

THE Northern Territory’s new rental laws — which presume tenants have the right to keep pets on a property — have been slammed by the real estate industry for being a “huge infringement” on landlord property rights.

The Residential Tenancies Legislation Amendment Bill 2019 was passed in parliament on Tuesday, which includes a controversial new clause that presumes tenants have a right to keep a pet by providing written notice to a landlord.

REINT boss Quentin Kilian warned the amendments could potentially discourage investors from coming to the Territory

The onus will now be on landlords to object to a pet within 14 days by writing to the tenant and making an application to the Northern Territory Civil and Administrative Tribunal (NTCAT) to determine if the refusal is reasonable.

Attorney-General Natasha Fyles said the amendment was all about balance, between the rights of a tenant and the landlord.

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“A reasonableness test will be applied to ensure a request to allow for a particular pet in a rental property is reasonable for the property in question,” she said.

However, Real Estate Institute NT chief executive Quentin Kilian criticised the change.

He said to assume that a tenant has the ‘absolute right’ to keep a pet on the premises beyond the wishes of the owner is an insult to investors who spend a great deal of money on their properties.

“If landlords are required to make appearances at NTCAT to rebut the ‘right’ of a tenant to keep a pet on the rental premises, against the landlord’s wishes and instructions, then NTCAT is going to be flooded with such cases and unable to concentrate on more important hearings,” he said.

“Further, there is the cost impost to owners and landlords and agents of the filing fees at NTCAT to take this action, which if the legislation remained unchanged on this matter, would be unnecessary.”

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Opposition Leader Lia Finocchiaro said the Gunner Government rejected commendations from the Legislative Scrutiny Committee to remove the proposed pet changes.

“Tenants and landlords can already reach agreements around pets among themselves, they don’t need more red tape,” she said.