My son asked me the other day whether he could bring a Pterodactyl home to keep as a pet. Rather than bumble my way through what would have been at best a tenuous explanation of the extinction of the dinosaurs I simply stated that our lease did not allow for pets (apart from the backyard chicken we received consent for).

So what rights do landlords and tenants have when it comes to pet ownership? Landlords obviously want to protect their assets whilst many tenants would love/demand to have their pet live with them as part of the family. Indeed it is said that Australia has one of the largest levels of pet ownership in the world.

In NSW, the Residential Tenancies Act 2010 governs the rights and responsibilities of landlords and tenants. The Residential Tenancies Act 2010 has regulations providing for a standard form Residential Tenancy Agreement. This standard form Residential Tenancy Agreement provides for an option as to whether a tenant may or may not keep a pet. Ultimately, amongst other things such as Strata By-Laws, it is up to the landlord and the tenant to agree or otherwise as to whether the tenant may keep a pet in a residential tenancy.

Prior to entering into the Residential Tenancy Agreement, the Landlord and the Tenant should discuss and agree the specific types and number of animals which the Tenant is permitted to keep at the premises along with the terms of the upkeep of the property such as fumigation or professional cleaning of the premises, its furniture and fixtures.

As part of the conveyancing process, purchasers considering renting out their new property should consider whether or not they will be willing to accommodate tenants with pets and the implications (which can be both positive and negative) of allowing such pets.

If you have any queries as to the conveyancing process or the contents of this blog (which is not intended to comprise legal advice), please do not hesitate to contact one of the lawyers here at ClickLaw Australia as we would be delighted to discuss. We disclose that some of us have pets and others do not!

John Kettle

Solicitor Director

ClickLaw Australia