Landlords and Property Managers in Queensland should mark 1 October 2022 with major changes coming into play, including laws surrounding pet consent.
The Real Estate Institute of Queensland (REIQ) reminds Landlords and Property Managers property owners can no longer simply have a blanket ‘no-pet’ policy, and instead, property owners will be required by law to consider pet requests on a case-by-case basis.
Property owners will only be able to refuse a pet request if they can establish one of the prescribed grounds available under the new laws.
These are the prescribed grounds:
- keeping the pet would exceed a reasonable number of animals being kept at the premises;
- the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;
- keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;
- unacceptable risk to the health and safety of a person. For example, a venomous pet;
- keeping the pet would contravene a law;
- keeping the pet would contravene a body corporate by-law;
- tenant/s is/are not prepared to consent to a condition.
The property owner also needs to respond to the pet request in writing within the statutory timeframe of 14 days, or consent will be deemed. Further, if the property owner’s negative response does not align with the available grounds to decline the request, approval may be deemed under the laws.
There are some safeguards for property owners in that they would be able to impose certain conditions in relation to the approval of a pet in their property.
For example, if the pet is kept inside, the property owner could include a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.
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