Push to make landlords respect renters right to keep pets

THE push to let renters to have pets without having to ask is gaining force as the numbers of animals surrendered to the RSPCA grows.

End the lockout: The push to allow renters to have pets without asking their landlord is gathering force. Picture: Supplied

THE push to let renters to have pets without having to ask is gaining force as the number of animals surrendered to the RSPCA grows because of inflexible landlords.

One-fifth of animal surrenders in NSW and Victoria are a result of changed living circumstances — their owners can’t find a place where they are allowed to keep them — according to the RSPCA.

And with more people renting for longer periods — especially in cities across Australia as the housing affordability issue bites, rental advocates say it’s time to let tenants take control.

They want ‘no pets’ clauses banned from tenancy agreements, and ‘pets allowed’ to be the rule, rather than the exception.

The RSPCA in Victoria called for laws to allow tenants to keep pets without landlord approval, after discovering 340 cats and 290 dogs were given up in 2014/15 because their owners couldn’t get permission to keep them.

And there are similar moves across Australia to end the pet lockout.

In New South Wales, 584 of the 2020 dogs surrendered to the RSPCA this year are there because their owners’ new living circumstances precluded them from having pets, said Brendon Neilly, the RSPCA NSW Executive Manager of Animal Care Services.

“Statistically people are generally looking for longer term tenancy if they own pets because they know how difficult it is to find somewhere for them,” he said.

“Rather than seeing pets as a liability we’d like to see landlords saying ‘hang on, these are people who have a long-term commitment to looking after the tenancy, and seeing pet owners as a good option.”

In most Australian states, renters can only keep pets with landlord permission. Landlords don’t need a reason to refuse, and anecdotal evidence is, especially in high demand areas and cities, allowing pets is the exception rather than the rule.

Exception, not the rule: Happy four-legged residents of the Altair apartments in Kings Cross, where pets are embraced — a rarity according to the Tenants Union of NSW. Picture: Justin Lloyd

There is hope in NSW that more pet-friendly rental laws will be considered by the State Government.

The NSW Residential Tenancies Act is currently under review, and a report is due in NSW Parliament in mid to late June. Ending prohibition of pets from rental agreements was raised as an issue in a number of the 220 submissions to the review.

Among those calling for reform is the Tenants Union of NSW (TUNSW), which wants a ban on clauses prohibiting pets.

“The decision to keep a pet should have no bearing on the legal or financial foundation on which your home is established,” said TUNSW policy officer Ned Cutcher.

“Keeping a pet is a personal choice and adults shouldn’t have to ask permission for it.

“Landlords refusing pets is a common complaint and a growing issue.

“The simple fact is more people are renting for longer, people are having to put off getting pets, having families, getting on with their lives because they haven’t managed to achieve the dream of home ownership.

“This is something that is the new normal. Our national attitudes toward whether you own your home or rent your home sort of needs to catch up.”

While the RSPCA Victoria suggested pet bonds (currently illegal in most states) as a way to make landlords more flexible, Mr Cutcher says this won't solve the problem.

“We don’t believe it would change landlord behaviour in any significant way. People already happy to accept tenants with pets would still be happy to accept tenants with pets, it’s just they would have to spend more money for the privilege,” he said.

““Those (landlords) not happy to allow pets are not necessarily going to persuaded. You might see a little bit in the margins but it’s not going to solve the problem.

“Landlords shouldn’t be expecting more, and tenants shouldn’t be expecting to be paying more just because they have a pet,” he said.

“It should be up to the tenant to make the decision and wear the consequences of that decision — the rules are already adequate to protect landlords and their properties.”

RSPCA NSW says there are small indications the tide is turning — but not for renters just yet.

New strata laws being considered by the NSW Government would mean people living in apartments could simply tell their owners corporation in writing they have a pet.

It would be a reversal of current laws under which owners corporations must create their own bylaws to allow pets on common property — allowing pets would become the default, with owners corporations required to legislate — and establish a case for — not allowing pets.

With half of the people in NSW forecast to be living or working in strata buildings by 2040, Better Regulation Minister Victor Dominello said modern laws were needed which reflected the reality of 21st-century strata living.

Mr Neilly said while this wouldn’t help renters directly if their landlords remained anti-pet, it was a small win — ‘something we welcome for pet owners’.

Originally published as Push to make landlords respect renters right to keep pets