2nd March 2020 / Andrew Paterson: New Pet Regulations Now In Effect

After coming into effect on Monday 2nd March 2020, new pet regulations have now made it easier for renters to keep pets inside their home.

This means a Rental Provider (new term for Landlord) cannot unreasonably deny a pet and if they do want to deny the pet, their Property Manager must go to VCAT for the refusal along with the proof of the reasons. Unless factual proof is provided on why this property should not have the pet, there is a low chance that VCAT will refuse the pet approval. All pet applications are automatically approved if no VCAT hearing is applied for within 14 days of the date on the Pet Application.

New Tenancy – Pet Request In Application

If a Rental Provider decides to choose an application due to no pet on the application, please remember that does not stop the Renter (new term for tenant) from submitting a request anytime during a tenancy so it is best to always approve the application on the merit of the application in whole, not just because they seem not to have a pet.

During A Tenancy – Renter Already In Possession

All pet requests must be made via the Consumer Affairs Pet Request Form, at 1 form per pet (e.g. 2 dogs; 2 forms, 5 chickens; 5 forms).

If the Rental Provider approves the pet/s, we then draw up the pet clause for all parties to sign.

If the Rental Provider does not approve the pet/s, we will then have to apply for a VCAT hearing where VCAT will make the final decision based on the reasons presented.

Please note there is a VCAT fee & our Fletchers attendance fee applicable.

Remember: Application must be made within 14 days from the date on the pet request form.

During A Tenancy – Pet Is At The Property Without Consent

If it is found that a pet is at the property without prior consent and after we have requested the renter to submit the pet request form and no pet request form is received, then we apply to VCAT to exclude the pet from the premises. Please note there is a VCAT fee & our Fletchers attendance fee applicable.

During A Tenancy – Pet Has Been Denied/Excluded But Still There

If VCAT makes an order excluding or denying the pet from the property, the renter has 14 days to comply with the order after it takes effect. If the renter has not complied with the order after 14 days, the rental provider can serve the renter with a notice to vacate, giving minimum 28 days' notice.

During A Tenancy – Damage Caused By Pets

If there is damage caused by a pet witnessed at the routine inspection etc. and as there is nothing in the regulations that is pet specific. If there is damage or the property is not reasonably clean due to the pet, then you would give the renters a breach of duty notice.

This notice tells the renter to fix the breach or pay compensation for any damage and states that the renter must not breach the same duty again.

If the renter does not comply with this notice, we can apply to VCAT.

Andrew Paterson
Director, Property Management
andrew.paterson@fletchers.net.au