REIV call on State Government to hold off on pet laws

Date: 27 Feb 20

The Real Estate Institute of Victoria believes that the imminent introduction of ‘pet legislation’ will result in widespread confusion, long delays at VCAT and an increase in surrendered and abandoned animals.  

Gil King, the Chief Executive Officer of the Real Estate Institute of Victoria, the state’s peak body for the real estate profession, said, “Recent developments and a growing lack of clarity make it essential that the Andrews’ Government holds off on the 2 March 2020 introduction of the ‘pet legislation’ until answers can be provided to many questions and some sense of balance is returned to this issue.”

Under the new provisions about to be enlived in the Residential Tenancies Act a landlord will not be able to unreasonably refuse consent for a tenant to keep a pet on the premises. There will be a requirement that if a tenant seeks to have a pet, and the landlord does not want a pet there, the landlord will have to make an application to VCAT within 14 days. In the absence of an application, the landlord is deemed to have provided consent.

Mr King said “This is not a simple issue of a small fluffy dog or a cat. A pet is defined as any animal. Most local councils allow two dogs and two cats without restriction as well as a myriad of other animals including mice, poultry, birds, ferrets and the list goes on. In some cases, within the metropolitan area, 60 animals and more are allowed without restriction.”

REIV has confirmed that VCAT will, as part of its delibrations as to reasonabless, consider the relevant local government’s ‘as of right’ animal allowance. 

“What seems to be an unintended consequence is that now an owner must apply to the landlord for permission on a prescribed form for every animal that is intended to be kept on a leased property.” Mr King said.

The REIV has also expressed concern that a rush to have pets in rented premises will overload VCAT with objection applications by landlords and will ultimately result in a spike in the number of pets surrendered or abandoned a few months later.

“A pet is for life, not just for the period of a tenancy. There is no guarantee that if a renter moves address, they will be allowed to have the pet at the new property”. Mr King said.

A recent Supreme Court decision has also thrown a spanner in the works in relation to the jurisdiction of VCAT.   
Mr King said, “We have been advised that where one party, such as a landlord, resides interstate, VCAT has no jurisdiction to hear the landlord’s objection and that after 14 days the landlord will have been deemed to have consented to the pet, which of course they have not.  Where is the natural justice for the landlord in that? This won’t just be an issue for border towns because many Victorian investment properties are owned by interstate landlords.”

“The REIV is calling on the Andrews’ Government to delay the already announced 2nd of March introduction of these new provisions until these issues are resolved.”

Media contact:       Andrew Kilmartin 0418395346