A Brisbane renter whose agent refused her request to a get a Chihuahua because the property was not big enough has won her appeal, in one of the first tests of Queensland's new pet laws.
Since October last year, a landlord must give a reason for refusing a tenant's request to have a pet — and those reasons are laid out in legislation.
They include if the animal is dangerous, the property is unsuitable because of its size and security or if it's not allowed under body corporate by-laws.
A month after the laws passed, Kelly and her partner put in a request to their agent to have a Chihuahua.
"We outlined the breed, our working-from-home schedules, just everything that I thought an owner would want to know to give them that reassurance," she said.
"My partner and I have wanted a dog for quite some time. We know it's a big responsibility so it wasn't a decision taken lightly."
But their application was refused.
They were told the unit was unsuitable because of "a lack of appropriate fencing, open space or another item necessary to humanely accommodate a pet" and that having one would likely cause more damage than could be covered by the bond.
The couple were confused — many other residents in their unit block had pets, and they had a large balcony.
So they lodged an application with the Queensland Civil and Administrative Tribunal.
"We were a bit worried about rocking the boat but at the same time, it didn't feel right just to lie down and just let them say 'no' when it's something that we really wanted and as tenants have the right to," Kelly said.
On May 10, the tribunal found in their favour. Two weeks later, they got Arlo.
"It all just felt like a bit of divine timing with getting in touch with the breeder after the fact [of winning the appeal]. It sounds crazy how soon it happened," Kelly said.
"It's been a real change of lifestyle for the better. He's just brought a lot of joy and responsibility, but in a good way."
A cultural shift
Queensland Tenants CEO Penny Carr said the new law isn't a fix-all for renters and their pets, but it is a "huge step forward".
"We know how important pets are to people, so it's a win for tenants to be able to have a framework around resolving these disputes," she said.
Renters often ask for help when their request has been refused, but few will take it further, Ms Carr said.
"People are very concerned about the impact on their current and future tenancies if they assert their rights."
Ms Carr said it's important to support tenants in pet disputes.
"By doing that it'll just become more accepted," Ms Carr said.
"Years ago, many people kept pets in rental properties, but there seemed to be this agency practice or industry practice that restricted pets more and more.
"We're just going to be looking at that cultural change now, because the law is supporting it."
What does the law allow?
A landlord can still refuse a tenant's request to have a pet, but they have to give a reason, and it has to come within 14 days — if they don't respond, or their reasons doesn't meet the legislative requirements, it will be taken as approval.
They can also no longer give a blanket ban on pets.
But a tenant must still ask to have a pet, and not to do so is a "significant breach", according to Queensland's Residential Tenancies Authority.
There are 10 reasons a landlord can give for refusing a request to keep a pet.
- The property being unsuitable "because of a lack of appropriate fencing, open space or another item necessary to humanely accommodate the pet"
- Damage caused by the animal could cost more to repair than would be covered by the bond
- It's a safety risk. For example, a venomous snake
- The animal is not a pet
- A pet is not allowed under house, park, or body corporate rules
- The tenant has not agreed to "reasonable conditions" to keeping one
- It is a moveable dwelling
- Other grounds prescribed by legislation
- It would exceed a "reasonable number" of animals being kept at the property
- Keeping the pet would contravene a law
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