Landlords ‘deserve pet bonds’ as new tenant laws start in Victoria
VICTORIA’S peak real estate body has labelled a law change barring landlords from “unreasonably” refusing pets “simply unfair”.
Real Estate Institute of Victoria president Leah Calnan said the state’s tenants should have been required to lodge “pet bonds”, as is an option in Western Australia, to help ease landlord concerns about potential damage to their investment properties
But Tenants Victoria says the reform — which comes into effect today — will end the “indiscriminate” and “common practice” of including ‘no pets’ clauses in lease agreements.
Landlords can no longer “unreasonably refuse consent to a renter wishing to keep a pet” and need Victorian Civil and Administrative Tribunal approval to deny them, according to Consumer Affairs Victoria.
Landlords who want to refuse have 14 days to apply for a VCAT order.
CAV director Sam Jenkin said VCAT may then consider whether local council rules prohibited certain animals, whether the property was suitable for the type of pet being sought, and the suitability of the pet, including whether it “posed a threat to neighbours”.
Mr Jenkin said landlords could not “place demands on the keeping” of an approved animal, such as requiring a dog be kept outside.
But tenants would remain accountable for any pet-related damage that went beyond fair wear and tear, he said.
While Victorian renters can’t be asked to pay a specific pet bond, landlords can make claims on their standard bond — and even claim additional costs if the bond amount isn’t adequate — to cover any damage.
The reform is one of 130 rental law changes being implemented by the State Government in an effort to “make renting fairer” for Victoria’s 1.5 million tenants. They will all have come into force by July.
Tenants Victoria chief executive Jennifer Beveridge said the new law created “a fair system where every pet is considered on its merits”.
“If a pet is suitable for a certain property, then there’s no problem. If a pet isn’t appropriate, then the owner can still refuse,” she said.
But Ms Calnan expected a rush of VCAT applications from unhappy landlords, which she said could delay important hearings on other tenancy issues, including rental arrears, compensation and bonds.