Standard rental agreement forms preventing landlords from asking potential renters whether they own pets should be mandated as part of any pet rental reforms in Tasmania, according to the state's tenancy union.
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The union has written to Attorney General Elise Archer welcoming any future pet rental reforms that prevent a landlord's unreasonabe refusal of pets, and which make courts determine whether a refusal is valid.
But in addition, it wants to remove the law that allows tenants to be evicted at end of lease, which is used by landlords and real estate agents to get rid of pet owning tenants.
It also wants to see the laws changed to allow assistance dogs in rentals, for example psychiatric assistance dogs or seizure alert dogs.
The reform will at least send the message that as a general rule, landlords should be allowing tenants to have pets.
- Tenants' Union of Tasmania principal solicitor Ben Bartl
Ms Archer has indicated a willingness to review the Residential Tenancy Act and look at ways to allow renters to keep pets, and has specifically raised the idea of pet bonds.
Tenancy Union of Tasmania principal solicitor Ben Bartl said it was likely that reforms similar to those being adopted in Queensland might apply in Tasmania.
"We welcome the government's commitment to look at amending the Residential Tenancy Act but further protections are needed to ensure that any tenant who wants to have a pet is able to have one," Mr Bartl said.
"It will always depend on the particular facts of the animal that the tenant is hoping to get, but the reform will at least send the message that as a general rule, landlords should be allowing tenants to have pets."
Regarding pet bonds, Mr Bartl said paying this on top of existing bonds could see tenants paying up to ten weeks of rent just to get into the property.
"It means many disadvantaged tenants would not be able to get a pet because the amount of money they already have to fork out at the beginning of their tenancy, which is four weeks bond and two weeks rent in advance, is already prohibitive."
He added that there are legal ways for landlords to get compensation for damage done to property, and scope for landlords to get extra money if the damage exceeds the amount of the bond.
Mr Bartl said the government should also mandate standard application forms for rental properties that cannot ask 'do you have a pet?'
"Rather than making the real estate agent as arbiter of what is and isn't a reasonable pet, you are leaving it up to the court to determine what is and isn't reasonable."
What are the laws in other jurisdictions?
Under rental reforms in Queensland, to come into effect in October, an outright refusal and blanket ban on pets in rentals will no longer be allowed.
Tenants would need to apply to the landlord for approval of a pet, and the landlord would need to respond to the request within 14 days.
READ MORE: Call for pet owner changes
Any refusal by the landlord would need to fall into one of several grounds within the legislation to be considered reasonable.
This could include a lack of appropriate fencing, body-corporate laws, an unacceptable number of pets, unacceptable health and safety risks such as the pet being venomous, or that keeping the pet would likely cause damage and the repairs of that damage would exceed the amount of the bond.
Political support
Greens leader Cassy O'Connor is backing the Tenants' Union of Tasmania's push to reform the outdated and unfair Residential Tenancy Act, and make the reforms work harder for pet renters.
She said the Greens would soon be tabling their own residential tenancy amendments which would require reasonable grounds for refusing pets.
The Greens' pet reforms are similar to Queensland legislation, and establish a framework for the acceptance or refusal of pets, with landlords able to refuse tenants based on the property's suitability for a pet or if the landlord would suffer significant financial hardship.
Under their reforms, tenants would pay for the repairs of damage to property caused by pets.
"No one should have to give away their much loved family pet just to put a roof over their heads, but that's what's happening now.," Ms O'Connor said.
"We welcome the Liberals' movement on this issue, and hope they will accept further reforms to prevent heartbreaking choices for tenants."
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