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Understanding pet policies for Australian households

Reforms are happening across Australia, but how pet friendly is our housing market?

This Brief has been updated with current information on 26 March, 2024.

14 Apr 2021

Around 6.9 million Australian households (69% of all households) had a pet in 2022, a rate greater than for both the US (66%) and the UK (57%). The physical and psychological benefits of having a pet have been recorded by a number of studies and include decreased blood pressure and cholesterol levels; increased physical activity; improving self-esteem; and reducing rates of depression and loneliness; with one study estimating Australian cat and dog owners saved approximately $3.86 billion in health expenditure over one year.

Health benefits of pet ownership

Even though there are demonstrable benefits in keeping a pet, the right to do so varies across Australia and depends on whether a household is renting or even where they are buying a home. For people buying into a strata title development (such as an apartment building) the body corporate laws that dictate how the common property areas are able to be used may also restrict households (including owners) from having a pet or a specific type and breed of pet. Owners may have the right to apply to the body corporate in writing to get permission to have a particular pet.

How pet friendly is the rental market?

For households renting in the private rental market the restrictions on pet ownership can be even greater with landlords often having the right to ban pets from their properties. This can restrict pet owning households from being able to rent properties in locations that provide good access to employment and educational opportunities, as well as restricting households leaving home ownership, launching from the family home or seeking to move out of social housing. Indeed an estimated 15–25 per cent of cases where people have to give up their pets are related to pet restrictions on moving to a new rental property.

In reality, evidence of pets causing property damage is limited, and damage is no more likely than for households without pets.

For many landlords there are perceptions that pets cause problems during tenancies, such as increased property damage or being a nuisance to neighbours through barking or aggressive behaviour. As a result, some landlords have asked for pet bonds to cover potential damages caused. However, vulnerable households who already bear the existing costs of rental housing transitions and risk of homelessness may not be able to afford any additional upfront housing costs. In reality, evidence of pets causing property damage is limited, and damage is no more likely than for households without pets.

Allowing pets in housing can benefit landlords, as there is some evidence that pet-friendly rentals have shorter vacancy periods and need less marketing, while tenants with pets stay longer and may pay higher rents. Openly providing pet-friendly housing also directly addresses issues with illegal pet keeping, where landlords and owners’ corporations are less able to regulate or monitor pets.

Pet laws for renters across Australia

Reforms are slowly happening across Australia to improve policies that support pet ownership across housing tenures. With Australia’s private rental sector increasing by 38 per cent over the ten years from 2006 – 2016 (more than twice the rate of household growth), many jurisdictions are amending or reviewing laws to support pet ownership in this tenure.

  • Victoria

    Victoria recently underwent major changes to their tenancy laws in relation to pets. Renters who want to have a pet in the property must ask their rental provider (landlord) for permission. Rental providers must have a good reason to refuse the renter’s request. Rental providers can apply to VCAT for an order to refuse permission.

    If rental providers agree to the renter having the pet, they should give consent in writing, using the address the renter gave on the pet request form. The rental provider can negotiate conditions for keeping a pet on the property.

    Rental providers and owners cannot ask for an additional bond as a ‘pet bond’.

    If the rented property is an apartment or unit, the owners corporation may have its own rules about pets in these common areas, which the renter must follow.

  • Northern Territory

    From 1 January 2021 the Residential Tenancies Legislation Amendment Act 2020, gives tenants the ability to keep a pet at their rental premises. Tenants must notify the landlord in writing of their intention to have a pet.

    If a landlord does not agree for a tenant to keep a pet on the premises, they must within 14 days of receiving a tenants written proposal for a new pet, give the tenant written notice of the objection and the reason for the objection and must within those 14 days make an application to the Northern Territory Civil and Administrative Tribunal.

    Apartment and unit complexes where the Body Corporate rules and regulations specifically prohibit pets are not subject to the legislation. Other laws and by-laws may also restrict the number or type of animals that may be kept as pets.

    Pet bonds are not permitted.

    Tenants will be responsible for any damage caused to the premises by their pets.

  • ACT

     

    If the tenancy agreement requires the lessor’s consent to keep a pet, then the tenant may make an application to the lessor for permission to keep a pet. When signing the tenancy agreement, the agreement can include a clause that requires the tenant to obtain the lessor’s prior written consent to keep an animal. If the clause is not in the agreement, the tenant may keep a pet.

    If the lessor intends to refuse a tenant’s request to keep a pet, they must apply to the ACT Civil and Administrative Tribunal (‘ACAT’) for permission to refuse within 14 days of receiving the tenant’s request. Grounds for refusal may include that the premises is unsuitable for a pet, public health would be endangered, unreasonable damage would occur, or it would result in financial hardship for the lessor. If the lessor does not apply within 14 days of receiving the tenant’s request, they will be taken to have consented.

    A pet bond is not to be charged.

  • NSW

    The Residential Tenancies Act 2010 (NSW) doesn’t prohibit tenants from keeping a pet, or requires them to ask for the landlord’s consent. However, landlords can include a clause restricting pets in the residential tenancy agreement, and there is no specific ban on them doing so.

    No building (e.g. body corporates) in the state of New South Wales can put out a ‘blanket ban’ of pets.

    A pet bond is not to be charged.

  • Queensland

    A tenant must get written approval to have a pet in a rental property.

    A landlord cannot unreasonably refuse the permission of a pet unless the property is unsuitable for one or there are unacceptable health and safety risks. The landlord can require the tenant meet special conditions such as paying a pet bond or paying for professional carpet cleaning and pest control at the end of the tenancy.

    Any damage caused to a rental property by a pet during a tenancy is the responsibility of the tenant.

  • Western Australia

    Landlords can give permission for a tenants to have a pet in their home. Landlords can charge a separate pet rental bond ($260 is the maximum amount) to cover the cost of any damage to the property caused by a tenant’s pet. (This pet bond cannot be charged to owners of assistance dogs.)

    Many strata titled properties do not allow pets at all so even if the property owner is happy for the tenant to keep one, the Strata Company has the authority to have the pet removed.

  • South Australia

    Allowing tenants to keep pets in private rental properties is at the discretion of property owners. For strata or community title properties, approval is usually also required from the strata or community corporation.

    A pet bond is not to be charged.

  • Tasmania

    A tenant can only have a pet at the property if the owner has agreed, or it is specified in the lease.

    Owners and agents are not allowed to charge pet bonds.

AHURI recently published the report, Housing and housing assistance pathways with companion animals: risks, costs, benefits and opportunities, the first study of its kind internationally to examine the relationship between living with pets and the entire housing system.