The new housing laws that will go into effect later this year will make it harder for Queensland homeowners to ban pets on rental properties.
Key points:
- The new rental laws will take effect on October 1st
- Owners must provide a reason for rejecting a pet application
- REIQ says most of the changes work in favor of tenants
A landlord could reject a tenant’s application for a pet for no specific reason, but on October 1 that would change.
The laws had been criticized by tenants for years and the director general of the Queensland Real Estate Institute, Antonia Mercorella, said the incoming reforms were “very focused on protecting tenants and giving them more rights”.
The changes contained in the bill amending housing legislation were being developed in three stages.
The first stage, already in place, offered victims of domestic violence easier ways to end rents and regain their bond.
As of October 1, new rules on pets would come into force and rents would be terminated.
According to Mercorella, the changes would mean a tenant would still have to ask for consent for a pet, but the landlord would no longer just allow himself to refuse and could not advertise properties with a non-pet warning.
“General pet bans will no longer be allowed,” he said.
Queensland Real Estate Institute CEO Antonia Mercorella says the reforms will give tenants more protection. (ABC News: Mark Leonardi)
“Each and every application for approval must be considered in your individual circumstances and a landlord will only be able to say no to a pet application if he or she can establish one of the prescribed reasons available.”
These reasons could be the existing bylaws, if the premises were not suitable for the pet due to size or safety, or if a pet was considered dangerous, such as a venomous snake.
Landlords should also respond to a tenant about their request for a pet within 14 days.
No response would indicate approval.
“But until October 1, homeowners can keep saying no and they don’t have to give a reason,” Mercorella said.
“From October 1, even in places with existing leases, a tenant will be allowed to ask questions and a landlord will have to answer.”
Good news for pet-friendly owners, “pet damage” would be excluded from general wear and tear, Mercorella said.
“Therefore, at the end of a lease, a tenant must return the premises in the same condition as it was at the beginning of the lease,” he said.
“I think that’s something that gives the landlord more protection.”
Rockhampton man George Parkyn and his dog Baxter, who appeared in a story earlier this year about the Queensland rental crisis. Tenants like Mr. Parkyn will have more rights after October. (ABC Capricornia: Rachel McGhee)
Other modifications to the lease
They would also change the reasons why a tenant or landlord could terminate a lease.
A landlord could no longer end a lease without providing a reason to meet certain criteria, and even the lease could not yet end before the originally agreed date.
“So if the landlord or a member of the immediate family wanted to move into the property, that can’t end with a fixed-term lease before it’s over, in any case,” Ms. Mercorella said.
“You still have to let me know two months in advance. I think there have been some misconceptions around that.”
Mrs. Mercorella said the reforms would also lead to “detrimental” changes to periodic trends, to the point that she believed they would be effectively ended.
He said the changes would mean a landlord could not end a periodic rent without meeting one of the established reasons and therefore could be in the position of “having a tenant for life” unless he chose to end it. .
But that could be negative for tenants looking for a periodic rent for reasons such as a possible change of job or the termination of their next property and who need a slight extension of the contract, Mercorella said.
The third phase of reforms would not enter into force until September 2023 and refers to the minimum standards of housing that a property must meet in terms of its structural nature, have work facilities, security features and privacy.
More information on the Australian real estate market:
Help by hand to resolve disputes
The financial director of the Residential Tenancies Authority (RTA), Joanna Van Der Merwe, said the reforms were necessary and removed the gray areas from current laws.
Ms Van Der Merwe said the reforms made rental rules easier for both tenants and landlords. (Supplied by: ABC Gold Coast)
“It ‘s helping [everyone] to understand what to do in rental situations, and with pets, and remove any ambiguity that remains, ”he said.
Ms Van Der Merwe said owners or tenants who had problems were encouraged to discuss the matter first and try to reach an agreement before contacting the RTA.
“We offer this free dispute resolution service,” he said.
“And then, if that’s not possible, the next step is to go to QCAT as well, or they can go straight there if they prefer.”
Van Der Merwe said three-quarters of the disputes that reached the RTA could be resolved before going to court.