Renting With a Pet (SA)
In 2024, significant changes were made to South Australia’s residential tenancies laws. One of the changes was new laws that now apply with respect to the keeping of pets at rental properties. This page outlines the new laws on renting with a pet in South Australia.
Legislation
The changes are contained in the Residential Tenancies (Miscellaneous Amendments) Bill 2023 and apply to the Residential Tenancies Act 1995.
Tenants may keep pets
Under section 66C of the Act, tenants may now keep a pet with the approval of the landlord.
A tenant may apply for approval to keep a pet to their landlord or agent. The lessor must respond to this application in writing within 14 days. If no response is received, the lessor is taken to have approved the request.
The lessor may approve the request, refuse the request, or approve the request with conditions. If the lessor refuses the request, they must start the grounds for the refusal and the reasons they believe these grounds apply to the refusal.
Grounds for refusing permission
Under section 66, a landlord may only refuse permission to keep a pet on the following grounds:
- Keeping the pet would exceed a reasonable number of animals on the premises
- The premises are unsuitable for the pet because of fencing, open space or something else that is essential to humanely accommodate the pet
- Keeping the pet would pose an unacceptable risk to health or safety
- Keeping the pet would be against a law by-law or rule
- The tenant has not agreed to reasonable conditions for keeping the pet
- The animal is not a pet
- Another ground prescribed by regulation.
Conditions on renting with a pet
A landlord who approves a request to keep a pet on premises may impose conditions only if the conditions:
- relate only to keeping the pet on the premises;
- are reasonable having regard to the type of pet and the nature of the premises;
- are stated in the written approval given or in a written notice.
Examples of the types of conditions that may be imposed are a condition that the pet is restrained when the landlord attends the property or a condition that the pet must be kept outside (if it is a type of pet not usually kept inside).
A landlord must not impose a condition that:
- requires the tenant to buy goods or services from the landlord
- requires the tenant to pay money other than rent or bond
- requires any form of security from the tenant.
Applying to the tribunal
If a landlord refuses a request to keep a pet or imposes conditions on the keeping of a pet, the tenant may apply to SACAT for an order.
SACAT may make any of the following orders:
- an order confirming a refusal
- an order varying or revoking a condition
- an order permitting a pet to be kept on the premises
- such other orders as it thinks appropriate.
Where the lease ends
If approval is given for the keeping of a pet, this is not affected by the ending of the lease or by a change in landlord or agent. The approval continues for the life of the pet so long as the tenant remains in the property.
Other amendments
The amendments also prohibit landlords from terminating a residential tenancy without a specific ground. Premises are also now required to comply with the minimum housing standards for residential properties.
Rationale for the changes
The changes were introduced in the context of historically low rates of rental vacancies, making it very difficult for renters to find suitable properties, and particularly to do so with a pet. A number of Australian jurisdictions have amended their laws surrounding renting with a pet in recent years, in recognition of the importance that pets have in many Australian households. The mental health benefits of keeping a pet, particularly for a person living alone, have also been increasingly acknowledged, leading to a move towards protecting tenants with pets against discrimination by lessors.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.