Proposed Changes to Residential Tenancy Laws (Tas)

The Residential Tenancy Amendment Bill 2024 was introduced to the Tasmanian parliament this year. The Bill seeks to extend better protections to tenants in response to the Australia-wide housing crisis which has led to greater vulnerability for those living in rental properties. This page outlines the proposed changes to the residential tenancy laws of Tasmania.

Renting with a pet

One of the most significant changes being proposed is the right to keep a pet on rental premises. Under section 36R of the Bill, a tenant may keep one or more pets on rental premises but must notify the landlord of their intention to do so. The landlord may not unreasonably object to the keeping of a pet.

This amendment represents a change to the current law, under which a tenant must seek permission to keep a pet at a rental property and permission can be given or withheld at the landlord’s discretion.

Under the new laws, a landlord will be able to object to a pet only on one or more of the grounds set out in section 36W.

These are that:

· keeping a pet on the premises would cause a nuisance on the premises

· keeping a pet on the premises would cause a nuisance on a nearby premises

· keeping a pet would causing damage exceeding wear and tear on the premises

· keeping a pet on the premises would pose an unacceptable risk to the safety of a person

· keeping a pet on the premises would pose an unacceptable risk to the safety of the pet or of another animal · any other ground the Tribunal considers reasonable.

If the changes are passed, a landlord wanting to object to a tenant keeping a pet will have to do so in writing within 14 days of being informed of their intention to keep the pet.

Safety modifications

Under section 54A of the Bill, a tenant will be allowed to make a safety modification to a rental premises without the owner’s consent provided the modification does not contravene a law. A safety modification is a modification made for the safety of an occupant by affixing an item of furniture to the premises to avoid the risk of injury.

If a safety modification is likely to cause permanent damage to the premises, the tenant must seek the owner’s consent before making the modification. However, the owner must not unreasonably refuse.

If an owner refuses to consent to a safety modification, a tenant may apply to the Residential Tenancy Commissioner for an order. The Commissioner may make an order authorising the making of the safety modification, or it may refuse to do so.

A decision by the Commissioner may be reviewed by the Tribunal.

Responses to the proposed changes

The proposed changes have been met with support, but also with calls from the community sector for the government to go further in its overhaul of the residential tenancy system.

The changes proposed in Tasmania are less extensive than amendments that have been passed in other jurisdictions, where accessibility and security modifications (as well as safety modifications) are generally allowed without consent from the owner. The provisions relating to security modifications have also been criticised as inadequately protecting landlords as they do not require the modifications to be carried out by a qualified tradesperson. It has also been pointed out that the proposed changes do not allow tenants to install CCTV in family violence situations or to install NBN and other modifications needed for telecommunications.

The government says the changes make it easier for people seeking to rent a home with a pet and strike a balance between protecting the rights of tenants and those of owners.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.