Rent Reforms - Pets - Inspectique

Rental Reforms: Managing Pet Requests and Bonds

“The Residential Tenancies Act reforms have fundamentally shifted the landscape for pet ownership in rentals. Gone are the days of blanket ‘no pets’ policies. Under the new legislation, tenants have a conditional right to keep a pet, and landlords can no longer refuse a request without a reasonable, legally-backed ground. Here is the lowdown:

1. The $350 Pet Bond: Increased Cover

The pet bond has evolved from a simple “fumigation fund” to a broader security measure.

The Cap: The maximum pet bond is now $350 (up from $260). O’Neil Real Estate
Expanded Scope: The bond can now be applied to any pet-related damage or cleaning required at the end of the tenancy. This provides much clearer grounds for making claims for scratches, stains, or professional cleaning. O’Neil Real Estate
Timing the Increase: We cannot retroactively apply this to existing tenancies. We can only request the top-up at two specific times: Landlord Wise+ 1
- At the next scheduled rent increase. Consumer Protection
- When we formally approve a request for a new pet.
Note: Assistance animals (as defined by law) are not “pets,” and no pet bond can be requested for them. Consumer Protection

2. The Form 25 Process (The 14-Day Clock)

When a tenant serves a Form 25 (Pet Request Form), we are strictly on the clock.

The 14-Day Rule: We must respond in writing within 14 days of receipt. If we miss this window, the request is automatically approved by law. Please communicate this urgency to your owners immediately upon receipt.
Refusals and Conditions: We can only refuse or set “special” conditions if we have a reasonable ground.
- No Commissioner Approval Needed: If the refusal is based on strata by-laws that prohibit pets, or if we are setting standard conditions (e.g., limiting the number of pets, or requiring professional cleaning/fumigation intervals). Mandurah City Real Estate
- Commissioner Approval Required: If we wish to refuse on other grounds (e.g., property unsuitability, potential damage exceeding the bond, or health/safety risks), we must apply to the Commissioner for approval within that 14-day window. Consumer Protection

3. The Commissioner Determination Process

If an application is made to the Commissioner by either party:

Evidence is Key: Both sides will be required to justify their position with evidence. If the requested information is not provided within the specified timeframe, the Commissioner may make a decision based on the existing file.
Formal Decision: Both tenant and landlord will receive a written decision. Should either party wish to appeal, or if the Commissioner is unable to make a determination, the matter may be escalated to the Magistrates Court.

A Proactive Approach

At Inspectique, we document the presence of pets during all routine inspections, regardless of whether they appear on the current lease records. This ensures you have an objective, third-party record of the property’s condition, which is vital should any disputes arise regarding pet-related damage.

Ensure all correspondence, the signed Form 25 and any updates are uploaded to the tenancy file as soon as practical.

Sources for further reference:

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please ensure you undertake your own investigations, and/or consult with a legal professional regarding your specific circumstances.