18 June 2023

Earlier this year, the South Australian Government provided broader insight into the changes expected to residential tenancy laws. The Government sought and received feedback on a range of issues, including the rules around ending or not renewing a lease, maximum bond amounts, rent bidding, and tenant rights around renting with pets.

South Australia Consumer and Business Services (CBS) has today provided an update on the issue of renting with pets, and the new rights and responsibilities of tenants and landlords around the issue.

CBS reports on the issue as follows:

Renting with pets

Tenants to be allowed pets in rental properties under new rental reforms

For the first time in South Australia, tenants will have the right to own a pet under further rental reforms proposed by government.

As part of the reforms to the Residential Tenancies Act, the government will consult on a bill that includes a presumption that a tenant who applies to keep a pet in a rental property cannot have their request unreasonably refused, provided the tenant agrees to comply with any reasonable conditions imposed by the landlord.

Reasonable conditions include requiring a pet to be kept outside of the rental property if the pet is not a type of pet ordinarily kept inside and requiring carpets to be professionally cleaned at the end of the tenancy, if a pet is allowed inside the premises.

There will also be an option for the tenant to apply to South Australian Civil and Administrative Tribunal (SACAT) if they are not satisfied that conditions imposed by the landlord are reasonable or if they believe their request for a pet was unreasonably refused.

Current estimates suggest that 68% of South Australians have pets, but less than 20% of rental properties are advertised as allowing pets.

According to the RSPCA, one in five animals surrendered is due to their owners being unable to find a rental property that allows pets.

The reforms in South Australia will take a similar approach to those introduced in Queensland, which seek to balance the rights of landlords and tenants.

Renters must still seek permission from the landlord to keep a pet and they are liable if the pet causes damage.

Landlords can still refuse to allow a pet if they have a justifiable reason such as the property lacking suitable space or fencing, if keeping the pet does not comply with Council requirements or if the animal presents a public safety risk.

In response to South Australia’s record low vacancy rate, the government will also be increasing the minimum notice to end a tenancy from 28 days to 60 days, so tenants will have more time to secure a new rental property and make the necessary arrangements to move.

Landlords will also be required to provide tenants with a prescribed reason to end a periodic tenancy agreement or to not renew a fixed term agreement such as wanting to move into or sell the property.

The reforms follow earlier moves to address rental affordability including banning rent bidding, raising the bond threshold and making more people eligible for the Private Rental Assistance Scheme, which saves low-income renters thousands of dollars by avoiding upfront costs including bond and rent in advance by providing bond guarantees and rent payments.

The government will continue to consult on further reforms to the Residential Tenancies Act to address affordability and balance the needs of tenants and landlords.

The government says it wants to make sure that while tenants are protected so too are landlords. Tenants will be liable for any damage caused by pets and will have to comply with any reasonable requirements from their landlord such as keeping certain pets outside and having the carpets professionally cleaned before moving out.

The RSPCA has advised that the number of pets being surrendered, because of rental stress, has tripled in the last three years.

This follows other tenancy initiatives to ban rent bidding, raise the bond threshold - saving South Australian tenants $1.3 million in the first month alone - and get private rental assistance in the hands of more people.