RENTING WITH PETS
IN THE DOG HOUSE? RENTING WITH PETS IN SA RENÉE EVANS, SENIOR SOLICITOR, CROWN SOLICITOR’S OFFICE & MEMBER, ANIMAL LAW COMMITTEE
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inding a suitable rental property to call home can be a stressful and difficult process at the best of times, but even more so for a prospective tenant with a pet. The law concerning pets and the rights and obligations of residential tenants (prospective and existing), landlords, and strata and community title owners can be complex. Below I consider some of the common questions and issues regarding pets in rental properties, by reference to the relevant legislation in South Australia.
WHAT IS A PET? Currently, the term ‘pet’ is not defined in the Residential Tenancies Act 1995. In its submission on the Residential Tenancies (Renting with Pets) Amendment Bill 2020 (the Bill), the Society (informed by the Animal Law Committee) suggested including a definition in the Bill to provide clarity and distinguish ‘pet’ animals from various other animals defined in legislation, in particular assistance dogs and therapeutic animals.1 The Bill was negatived by the Legislative Council on 31 March, 2021.
THE LANDLORD’S DISCRETION? A landlord can refuse a tenancy based solely on the prospective tenant owning a pet, unless the animal in question is a therapy or assistance animal. An ‘assistance animal’ is a dog that is an accredited assistance dog under the Dog and Cat Management Act 1995 (SA), or an animal of a class prescribed by regulation.2 Pursuant to section 66(e) of the Equal Opportunity Act 1984 (SA), it is unlawful to
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discriminate on the grounds of disability by treating a person with a disability unfavourably because the person possesses, or is accompanied by, an assistance animal, or because of a related matter.3 This provision will apply in the context of rental property applications. Refusing an application for a rental property on the basis that the applicant has an assistance animal and that animal is to be kept on the rented premises is unlawful. A ‘therapeutic animal’ is an animal certified by a medical practitioner as being required to assist a person as a consequence of the person’s disability, or an animal of a class prescribed by regulation.4 It is unlawful to refuse an application for accommodation (unless the refusal was reasonable in the circumstances of the case) or defer an application, on the ground that the applicant intends to keep a therapeutic animal at that accommodation.5 Depending on the property title, there may be considerations other than the landlord’s discretion which dictate whether a pet can be kept at the premises. If the rental property is strata titled, animals (except for therapy or assistance animals)6 may not be kept without the strata corporation’s consent.7 For rental properties on community title, the individual by-laws of the community title corporation will state whether the consent of the corporation is required to keep an animal (noting therapy and assistance animals are excepted8 and by-laws may not unfairly discriminate against the ‘owner’ of a pet).9
Pets are generally accepted in Housing SA properties provided they are suitable for the accommodation and the tenant undertakes the animal will not: • Disturb the neighbours with excessive barking • Be a nuisance or annoyance to the neighbours • Cause danger to any other person by wandering unsupervised • Is restrained on a leash when any person authority by Housing SA is on the premises • The property and yard are kept clean, tidy and free of animal waste.10
SHARE HOUSES & ROOMING HOUSES The obligations of a rooming house resident set out in the Residential Tenancies Act 1995 (SA) include not keeping an animal without the consent of the proprietor.11 In addition, it may be prudent (not to mention courteous) to consult the other residents in the house and obtain their consent for the pet to join the household. Introducing a pet to the household without the consent of other residents may expose the pet owner to risk. What if another resident is allergic to the pet and suffers a serious skin reaction and breathing problems? The most pressing argument in the share house may quickly pivot from whose turn it is to do the dishes or clean the bathroom to who is or is not liable for a claim from the allegedly injured resident for personal injury and resulting economic loss.
