Renting with a Pet (WA)

In 2024, the laws about keeping a pet at a residential rental property in Western Australia changed. Previously, a landlord could refuse permission to a tenant to keep a pet at rental premises without any specific grounds. Under the new laws on renting with a pet, it is much harder for landlords to refuse permission to keep an animal at a rental property.

Tenant may keep a pet with permission

Under the new laws, all residential tenancy agreements in Western Australia now contain a term stating that the tenant may keep a pet at the premises with the landlord’s permission.  There are limited situations where a landlord may refuse to give permission. However, a landlord may impose reasonable conditions on the keeping of a pet at the premises.

When can landlords refuse permission?

A landlord may refuse to consent to a tenant keeping a pet if keeping the pet would contravene a law, by-law or rule that applies to the premises. If the landlord wishes to refuse permission for any other reason, they must seek permission from the Commissioner.

When can Commissioner refuse permission?

The Commissioner can grant a landlord permission to refuse a tenant’s request to keep a pet at premises if:

• the premises are unsuitable for the pet
• the pet would be likely to cause damage exceeding the amount of the security bond
• there would be more than a reasonable number of pets at the premises
• the pet would pose an unacceptable risk to health and safety
• keeping the pet would be likely to cause unreasonable hardship to the landlord

If none of the above circumstances exist, the Commissioner must order the landlord to consent to the request.

Conditions on renting with a pet

A landlord may impose reasonable conditions when agreeing to allow a tenant to keep a pet at rental premises.

Conditions may be imposed about:

• how many pets may be kept at the premises
• cleaning, maintenance and fumigation
• a prescribed matter
• a condition imposed by the Commissioner.

Tenant may apply to Commissioner

If a landlord refuses a request to keep a pet, the tenant may apply to the Commissioner for an order that the refusal is not permitted. A tenant may also apply to the Commission for an order that conditions that a landlord is seeking to impose on the keeping of a pet are not reasonable.

The Commissioner may make any of the following orders:

• an order that the refusal is not permitted and that the landlord must consent to the request
• an order that a condition is not reasonable and that the landlord must consent to the request without the consent
• an order that the refusal or condition is reasonable (and that the tenant’s application is refused).

Tenant responsibilities while renting with a pet

A tenant who is given permission to keep a pet at premises is responsible for the animal. This includes responsibility for any nuisance (such as noise) caused by the pet and for any damage caused by the animal.

Reasons for the changes

The new laws have been introduced along with other changes to residential tenancy laws to better protect the rights of tenants. The rental crisis has brought historically low vacancy rates, meaning that people living in rental accommodation are in a precarious position and can have difficulty finding an appropriate rental. This is particularly the case for tenants with pets.

Pets are an important part of a lot of Australian households. There is a growing recognition of the mental health benefits of keeping a pet, particularly for a person who is living alone. For this reason, many states and territories have introduced laws making it easier for a tenant to rent with a pet and prohibiting landlords from refusing permission without a valid reason.

The recent changes to the Western Australian Residential Tenancies Act 1987 also made changes to how often rent can be increased. This can now occur no more than once in a 12-month period.

These changes are intended to bring more certainty to the lives of people who live in rented accommodation.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.