A tenant must seek written approval from the property owner/manager to keep a pet at the rental property. It is a significant breach if an animal, other than a working dog, is kept at the premises without the property owner/manager’s approval.
If a tenant wishes to rent with a pet during a tenancy, they should formalise their request by completing a Request for approval to keep pet at premises (Form 21) to seek the property owner/manager’s approval.
The property owner/manager must respond to the request in writing within 14 days of receiving the request form and state two key pieces of information:
- whether they approve or refuse the tenant’s request, and
- other conditions for approval, or reasons for refusal of request.
If the property owner/manager does not respond within 14 days or the response does not satisfy the legislative requirements mentioned above, the pet request will be automatically approved. The Pet request response template can assist property owners/managers in responding to their tenant’s pet request.
Keep in mind that any nuisance and damages caused by an approved pet is the responsibility of the tenant and pet damages are not considered fair wear and tear at the end of the tenancy.
For further details on the pet request process including reasonable conditions for approval, reasons for refusing the request and frequently asked questions, please refer to the Renting with pets fact sheet.
Further reading: View our Renting with pets approval process flow chart.
Renting with a pet within a body corporate
For tenants who live in a rental property that is subject to body corporate by-laws, a body corporate committee may also be required to approve the pet in addition to the property owner/manager. The committee’s process may take more than 14 days to consider the request, and a property owner/manager may refuse a pet approval application on the basis that approval of the pet would contravene a body corporate by-law applying to the premises – this would apply if body corporate approval was required under the relevant by-laws and had not yet been obtained.
Tenants are encouraged to refer to their by-laws to identify any restrictions around pets before considering making a request or commitment to keep a pet as breaching by-laws is a breach of a tenancy agreement. Tenants can dispute a body corporate committee’s decision through the Office of the Commissioner for Body Corporate and Community Management (BCCM).
Further reading: View a flowchart of the approval process for tenants and learn more about asking for body corporate approval for a pet as a tenant.
This webinar below recorded jointly with the BCCM provides information to help you understand how to navigate the tenancy laws for renting with a pet alongside the body-corporate by-laws and processes.