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Smalley: Australia overhauls tenancy laws banning pets, should NZ follow suit?

Author
Rachel Smalley,
Publish Date
Mon, 9 Oct 2017, 6:49AM
But a landlord can no longer put a blanket ban in place to stop you having a dog or a cat on the property.  (Photo \ Getty Images)
But a landlord can no longer put a blanket ban in place to stop you having a dog or a cat on the property. (Photo \ Getty Images)

Smalley: Australia overhauls tenancy laws banning pets, should NZ follow suit?

Author
Rachel Smalley,
Publish Date
Mon, 9 Oct 2017, 6:49AM

Over the weekend, the State of Victoria introduced some interesting changes to their tenancy laws. 

Rental accommodation, as it is here, is at a premium and it's led to what they call 'rental bidding'. 

In other words, real estate agents can bounce back and forth between would-be tenants, to solicit for higher rent. And tenants are forced to try and out-bid each other.

But what is the most controversial aspect of the new laws is that it'll be easier, as a tenant, to have a pet. 

At the moment, in Victoria, landlords can automatically invoke a 'no pets' clause in a rental agreement. 

And while a tenant will still have to seek consent to have a pet, a landlord can only refuse in certain circumstances. 

For example, if the body corporate in an apartment block, bans pets, then that will still stand. Or if there's an existing ban on keeping chickens in a residential area.

But a landlord can no longer put a blanket ban in place to stop you having a dog or a cat on the property. 

The RSPCA in Victoria says about 15 percent of the animals in their shelters, which they're trying to re-home are there because their owners are renters, and they had to move house and they've been told they can't bring their pets with them. 

But given the changing nature of the way we live now, the reality for many is they'll be tenants for life and that means they can't have a pet. Ever. 

The issue is, I guess, there are good pet owners, and there are bad pet owners. 

And there's a big difference between having a quiet lap-cat in your home, and a rottweiler that's tied up outside and barks all day. Or destroys the garden.  However, in principal, as a tenant you typically have to have to pay a month's rent in advance as a bond, so any issues that crop up could, presumably, be covered-off by that. 

It's a win, I'm sure for families who rent. Children really benefit from pets they're accountable to them, they have to be fed and watered and sometimes walked, and I think they help children develop compassion and empathy. And it's incredibly distressing, I'm sure, if for whatever reason a family has to move homes and they can't take the family pet with them. 

What is also interesting about these new laws in Victoria is it will now also be easier to make minor modifications to a rental home. You can put up hooks or hang up a few pictures. And while I know that some tenants, historically, have made a mess of the walls and bang in a gazillion nails, or put up blue tack and hooks not everyone is irresponsible. And as long as you return to the property to the same state that you found it, I don't see why you can't hang up a picture or a photo or a mirror. 

The State of Victoria has recognised that for some people, renting is a reality for life and so they've taken steps to help tenants make their house, their home. Good move, do you think? And does it even up the ledger a little by giving tenants more rights?  


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