For the first time in South Australia, tenants will have the right to own a pet under further rental reforms proposed by the Malinauskas Labor Government.
As part of the reforms to the Residential Tenancies Act, the Government will consult on a bill that includes a presumption that a tenant who applies to keep a pet in a rental property cannot have their request unreasonably refused, provided the tenant agrees to comply with any reasonable conditions imposed by the landlord.
Reasonable conditions include requiring a pet to be kept outside of the rental property if the pet is not a type of pet ordinarily kept inside and requiring carpets to be professionally cleaned at the end of the tenancy, if a pet is allowed inside the premises.
There will also be an option for the tenant to apply to South Australian Civil and Administrative Tribunal (SACAT) if they are not satisfied that conditions imposed by the landlord are reasonable or if they believe their request for a pet was unreasonably refused.
Current estimates suggest that 68% of South Australians have pets, but less than 20% of rental properties are advertised as allowing pets.
According to the RSPCA, one in five animals surrendered is due to their owners being unable to find a rental property that allows pets.
The reforms in South Australian will take a similar approach to those introduced in Queensland, which seek to balance the rights of landlords and tenants.
Renters must still seek permission from the landlord to keep a pet and they are liable if the pet causes damage.
Landlords can still refuse to allow a pet if they have a justifiable reason such as the property lacking suitable space or fencing, if keeping the pet does not comply with Council requirements or if the animal presents a public safety risk.
In response to South Australia’s record low vacancy rate, the Government will also be increasing the minimum notice to end a tenancy from 28 days to 60 days, so tenants will have more time to secure a new rental property and make the necessary arrangements to move.
Landlords will also be required to provide tenants with a prescribed reason to end a periodic tenancy agreement or to not renew a fixed term agreement such as wanting to move into or sell the property.
The reforms follow earlier moves to address rental affordability including banning rent bidding, raising the bond threshold and making more people eligible for the Private Rental Assistance Scheme, which saves low-income renters thousands of dollars by avoiding upfront costs including bond and rent in advance by providing bond guarantees and rent payments.
The Government will continue to consult on further reforms to the Residential Tenancies Act to address affordability and balance the needs of tenants and landlords.
Quotes
Attributable to Peter Malinauskas
For many of us, our pets are family and it is heartbreaking that some South Australians have been in a position where they have had to choose between having a roof over their head and giving up a beloved pet.
That’s why our Government is acting decisively to make housing more accessible for all South Australians including those with pets.
My Government is supporting tenants while balancing the interests of landlords.
We have already taken steps to ban rent bidding, raise the bond threshold – saving South Australian tenants $1.3 million in the first month alone – and get private rental assistance in the hands of more people.
And now we are ensuring people aren’t having to sacrifice their dearly loved pets to avoid being homeless.
Attributable to Andrea Michaels
We know how difficult the rental market is for people right now with a record low vacancy rate in South Australia and even less of those homes being available to people with pets.
The current laws mean vulnerable people are faced with the devastating options of homelessness, remaining in homes where domestic violence is present or sleeping in their cars unless they surrender their pets.
It is, of course, a balancing act and we want to make sure that while tenants are protected so too are landlords. Tenants will be liable for any damage caused by pets and will have to comply with any reasonable requirements from their landlord such as keeping certain pets outside and having the carpets professionally cleaned before moving out.
Attributable to RSPCA Chief Executive Marcus Gehrig
The number of pets being surrendered to us, because of rental stress, has tripled in the last three years.
The impact of surrender of a much-loved family pet is tragic: for the family having to give them up; for the animal who suffers from the separation and anxiety; and even for our frontline staff who are daily faced with very distressed humans and animals being separated through no fault of their own.
Just last week we had a beautiful and very loved pet come to us. His mum was in a situation where staying where she was, was putting her and her pet at serious risk of harm. And her only choice of home was a hard ‘no’ to the pet. The tears that day. Hers, ours. And seeing that pet looking out the window as she drove away. That dog just shut down. We are hoping these two may be reunited – but how terrible that at a time when someone may need their pet the most, they have to say ‘goodbye’.
Residential tenancy laws have not kept up in SA in the way they have in other states. Victoria, Queensland, the Northern Territory and the ACT have amended their rental regulation to help more pet owning renters find a home. In these states, renters must still seek permission from the landlord to have a pet and remain liable if the pet causes damage – but blanket ‘no pets’ clauses are prohibited.
We are grateful to the Malinauskas Labor Government for moving this critical issue forward. We urge the people of South Australia to stand up and show their support for this important bill.
