Renting With a Pet (WA)

In 2024, changes were made to the Residential Tenancies Act 1987. Under the changes, rent increases are now permitted to occur only once every 12 months. Renters of residential properties are now also allowed to keep a pet with the lessor’s permission and permission may only be refused for limited reasons. This page outlines the changes to the laws around renting with a pet in Western Australia.

Residential tenants may keep pets with permission

One of the most significant changes introduced by the amendments is that residential tenancy agreements now automatically contain a clause that states that the tenant may keep a pet with the owner’s permission. The keeping of a pet at premises under a residential lease is subject to any conditions imposed by the lessor or by the commission as well as to any laws or bylaws that apply.

Permission to keep a pet

Under section 50B of the amending legislation, a tenant may apply for consent to keep a pet at the premises. The lessor must respond in writing within 14 days.

The lessor may respond by:

• approving the request
• refusing the request
• indicating that they will be applying to the Commissioner for permission to refuse the request or to impose conditions.

If the lessor does not respond to the application, they are taken to have approved it.

A lessor may only refuse a request to keep a pet if the keeping of the pet would contravene a law or by law that applies to the premises. If the lessor wants to refuse the application on any other ground, they must seek approval from the Commissioner to do so.

Conditions on renting with a pet

Under section 50C, the lessor may consent to an application to keep a pet at the premises subject to a reasonable condition about:

• the number of pets that may be kept;
• the cleaning, maintenance, or fumigation of the premises;
• a prescribed matter; or
• a condition approved by the Commissioner.

Lessor may apply to the Commissioner

If a lessor wants to refuse an application to keep a pet on any ground other than that the request would contravene a law or by law, they must apply to the Commissioner for approval to do so. A lessor may also apply to the Commissioner for permission to impose conditions on the keeping of the pet.

The Commissioner may grant a lessor approval to refuse a request if:

• the premises are unsuitable for the pet
• the request would exceed a reasonable number of pets being kept at the premises
• keeping the pet would be likely to cause damage that would exceed what could be repaired or less than the amount of the security bond
• keeping the pet would pose an unacceptable risk to health and safety
• keeping the pet would be likely to cause the lessor unreasonable hardship.

If the Commissioner is not satisfied of any of the above, they must order the lessor to consent to the request.

Tenant may apply to the Commissioner

If a lessor refuses tenant’s application to keep a pet at the premises, the tenant may apply to the Commissioner for an order that the refusal is not permitted or that conditions imposed on consent to an application are not reasonable.

The Commissioner may order the lessor to consent to the request, order that the conditions are not reasonable, or refuse the tenant’s application and order that the refusal or the conditions are reasonable.

Tenant is responsible for pet

A tenant who is given approval to keep a pet at a residential premises is responsible for any nuisance (such as noise or smell) caused by that pet and for any damage caused by that pet.

Reasons for the changes on laws on renting with a pet

The changes have been introduced because of the limited number of rental properties that are available to tenants who have or wish to have a pet. Keeping a pet can be very important to a person’s mental health and general well-being, particularly if they live alone. However, tenants who keep pets in rental premises remain responsible for the animal, and for any damage or nuisance it causes.

Other changes

The amending legislation has also introduced other changes to the Residential Tenancies Act 1987. These changes include limits on the frequency of rent increases, and changes to the laws on making minor modifications to rental premises.

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