Lift discrimination and restrictions on families with Pets in the rental market
The issue
In the last three years, the number of animals surrendered to the RSPCA South Australia (SA) shelter at Lonsdale by owners unable to find pet friendly housing to rent has tripled. Between mid-2021 and mid-2022, more than 600 animals were surrendered, often tearfully, by owners desperate to get a roof over their heads.
Currently, animals surrendered by owners unable to find a rental make up 1 in 5 of the total number of animals surrendered to our shelter. This has placed significant extra pressure on RSPCA’s limited resources.
If you are a landlord and have a pet, you might not have thought much about the consequences of ticking the ‘no pets’ box whenever your property comes up for rent. But consider this: current estimates suggest that 68% of South Australians have pets, but less than 20% of rental property landlords will consider allowing pets. And with home ownership falling, we expect this disparity to grow as more South Australian pet owners are pushed out of the housing market and into the rental market.
In the last three years, the number of animals surrendered to the RSPCA South Australia (SA) shelter at Lonsdale by owners unable to find pet friendly housing to rent has tripled. Between mid-2021 and mid-2022, more than 600 animals were surrendered, often tearfully, by owners desperate to get a roof over their heads.
Currently, animals surrendered by owners unable to find a rental make up 1 in 5 of the total number of animals surrendered to our shelter. This has placed significant extra pressure on RSPCA’s limited resources.
Breaking the human-animal bond has negative welfare impacts for Adults children and pets.
South Australia lags behind other states with more pet friendly rental laws.
As our reliance on pets for mental health and companionship has grown in Australia, so too has the need for pet friendly rentals; but residential tenancy laws have not kept up in SA in the way they have in other states. Victoria (VIC), Queensland (QLD), the Northern Territory (NT) and the Australian Capital Territory (ACT) have amended their rental regulation to help more pet owning renters find a home. QLD will soon follow, with new laws to take effect from October 2022. In these states, renters must still seek permission from the landlord to have a pet and remain liable if the pet causes damage – but blanket ‘no pets’ clauses are prohibited. Landlords can still refuse to allow a pet if they have a substantial reason approved by a Tribunal (e.g. if the property lacks suitable space or fencing or if keeping the animal does not comply with Council requirements, or if the animal itself presents a public safety risk).
NSW has implemented more limited reform by no longer allowing blanket pet bans, but only for the owners of strata title properties, where the owner must still abide by conditions for keeping pets that are set by their Owner corporation. In contrast, and despite one third of all South Australians being renters, a 2021 Bill to amend SA’s Residential Tenancies Act failed to win majority support in parliament, leaving SA landlords with the ability to use blanket ‘no pets’ clauses.
Reform is needed in South Australia!!!!!! Sign the Petition to get this change in place ASAP!
Long term changes like increasing the volume of available rentals and designing rentals to be more pet friendly are important, but they will not occur quickly. Regulatory reform is needed to stop blanket ‘no pets’ policies. This reform won’t remove landlords’ ability to discriminate against pet owners entirely, since while pet owners are asking permission to keep their pets, they are still competing with non-pet owners, but it will help.
In 2021, a Bill (Residential Tenancies, Renting with Pets, Amendment Bill 2019) attempted to change the default in rental agreements from ‘no pets’ to ‘pets allowed’, unless the landlord had a good reason to refuse them, but this Bill failed. Meanwhile, as the rental market has tightened through 2021-2022, some pet owners have resorted to living with their animals in cars, tents and sheds, while others – in desperation – have tearfully surrendered their animals to shelters.
The impact for states that have introduced pet friendly reform
VIC and the ACT both amended their rental legislation some time ago, and we are now starting to see the impacts. In March 2021, a year after VIC’s legal reforms took effect, media reported that landlords had made just over 300 applications to disallow tenants from having pets (Landy 2021)[1] Of those, two thirds were resolved by the renter and landlord coming to an agreement about how the pets would be kept. For instance, some renters offered to professionally clean carpets before vacating, and others agreed to restrict the pet from one part of the property or to a specific procedure for disposing of pet waste.
When asked for their views on the legal reforms, Victorian renters highlighted the mental health benefits they enjoy since adding a pet to their household. Similarly, RSPCA VIC reported favourably that the number of pets surrendered by owners unable to find pet friendly accommodation had halved. Anecdotally some media has reported that these reforms may drive significant numbers of property investors out of the market, but this does not appear to have occurred.
Pet Bonds
Rental providers and real estate bodies opposing reform have cited the inability of states with the reform to charge a pet bond in addition to the usual security bond. Western Australia, which has not yet introduced more pet friendly rental legislation, is the only state currently allowing pet bonds.
Some organisations oppose the use of pet bonds, citing the limited capacity of low-income pet owners to pay the extra sum.
Whilst RSPCA SA acknowledges this equity concern, we support the inclusion of pet bonds if this is what it takes for SA to adopt this important reform.
There is a need for more Australian research in this area, but American research suggests that landlords who allow pets normally receive increased rent, which compensates for additional wear by pets if it does occur (Carlisle-Frank et al., 2005).[2]
[1] Landy, S. (2021, March 9). Rental pet laws, Victoria: How reform is faring a year on. Herald Sun.
[2] Carlisle-Frank, P., Frank, J.M. & Nielsen, L. Companion animal renters and pet-friendly housing in the US. Anthrozoos 18, 59-77 (2005)
This petition has been put in place using the information and structure found on this website. https://www.rspcasa.org.au/the-issues/pets-in-rentals/
The RSPCA of SA pushed for a bill to be passed in 2021 to have this legislation changed but it was not passed by the SA Government.
By signing this petition you are adding the voice of change and support for families with pets. Pets who are members of our family and who deserve to be in a home with their family where they are loved and safe. Lets support our families and tell the government that our pets matter an dour FAMILY matters!
240
The issue
In the last three years, the number of animals surrendered to the RSPCA South Australia (SA) shelter at Lonsdale by owners unable to find pet friendly housing to rent has tripled. Between mid-2021 and mid-2022, more than 600 animals were surrendered, often tearfully, by owners desperate to get a roof over their heads.
Currently, animals surrendered by owners unable to find a rental make up 1 in 5 of the total number of animals surrendered to our shelter. This has placed significant extra pressure on RSPCA’s limited resources.
If you are a landlord and have a pet, you might not have thought much about the consequences of ticking the ‘no pets’ box whenever your property comes up for rent. But consider this: current estimates suggest that 68% of South Australians have pets, but less than 20% of rental property landlords will consider allowing pets. And with home ownership falling, we expect this disparity to grow as more South Australian pet owners are pushed out of the housing market and into the rental market.
In the last three years, the number of animals surrendered to the RSPCA South Australia (SA) shelter at Lonsdale by owners unable to find pet friendly housing to rent has tripled. Between mid-2021 and mid-2022, more than 600 animals were surrendered, often tearfully, by owners desperate to get a roof over their heads.
Currently, animals surrendered by owners unable to find a rental make up 1 in 5 of the total number of animals surrendered to our shelter. This has placed significant extra pressure on RSPCA’s limited resources.
Breaking the human-animal bond has negative welfare impacts for Adults children and pets.
South Australia lags behind other states with more pet friendly rental laws.
As our reliance on pets for mental health and companionship has grown in Australia, so too has the need for pet friendly rentals; but residential tenancy laws have not kept up in SA in the way they have in other states. Victoria (VIC), Queensland (QLD), the Northern Territory (NT) and the Australian Capital Territory (ACT) have amended their rental regulation to help more pet owning renters find a home. QLD will soon follow, with new laws to take effect from October 2022. In these states, renters must still seek permission from the landlord to have a pet and remain liable if the pet causes damage – but blanket ‘no pets’ clauses are prohibited. Landlords can still refuse to allow a pet if they have a substantial reason approved by a Tribunal (e.g. if the property lacks suitable space or fencing or if keeping the animal does not comply with Council requirements, or if the animal itself presents a public safety risk).
NSW has implemented more limited reform by no longer allowing blanket pet bans, but only for the owners of strata title properties, where the owner must still abide by conditions for keeping pets that are set by their Owner corporation. In contrast, and despite one third of all South Australians being renters, a 2021 Bill to amend SA’s Residential Tenancies Act failed to win majority support in parliament, leaving SA landlords with the ability to use blanket ‘no pets’ clauses.
Reform is needed in South Australia!!!!!! Sign the Petition to get this change in place ASAP!
Long term changes like increasing the volume of available rentals and designing rentals to be more pet friendly are important, but they will not occur quickly. Regulatory reform is needed to stop blanket ‘no pets’ policies. This reform won’t remove landlords’ ability to discriminate against pet owners entirely, since while pet owners are asking permission to keep their pets, they are still competing with non-pet owners, but it will help.
In 2021, a Bill (Residential Tenancies, Renting with Pets, Amendment Bill 2019) attempted to change the default in rental agreements from ‘no pets’ to ‘pets allowed’, unless the landlord had a good reason to refuse them, but this Bill failed. Meanwhile, as the rental market has tightened through 2021-2022, some pet owners have resorted to living with their animals in cars, tents and sheds, while others – in desperation – have tearfully surrendered their animals to shelters.
The impact for states that have introduced pet friendly reform
VIC and the ACT both amended their rental legislation some time ago, and we are now starting to see the impacts. In March 2021, a year after VIC’s legal reforms took effect, media reported that landlords had made just over 300 applications to disallow tenants from having pets (Landy 2021)[1] Of those, two thirds were resolved by the renter and landlord coming to an agreement about how the pets would be kept. For instance, some renters offered to professionally clean carpets before vacating, and others agreed to restrict the pet from one part of the property or to a specific procedure for disposing of pet waste.
When asked for their views on the legal reforms, Victorian renters highlighted the mental health benefits they enjoy since adding a pet to their household. Similarly, RSPCA VIC reported favourably that the number of pets surrendered by owners unable to find pet friendly accommodation had halved. Anecdotally some media has reported that these reforms may drive significant numbers of property investors out of the market, but this does not appear to have occurred.
Pet Bonds
Rental providers and real estate bodies opposing reform have cited the inability of states with the reform to charge a pet bond in addition to the usual security bond. Western Australia, which has not yet introduced more pet friendly rental legislation, is the only state currently allowing pet bonds.
Some organisations oppose the use of pet bonds, citing the limited capacity of low-income pet owners to pay the extra sum.
Whilst RSPCA SA acknowledges this equity concern, we support the inclusion of pet bonds if this is what it takes for SA to adopt this important reform.
There is a need for more Australian research in this area, but American research suggests that landlords who allow pets normally receive increased rent, which compensates for additional wear by pets if it does occur (Carlisle-Frank et al., 2005).[2]
[1] Landy, S. (2021, March 9). Rental pet laws, Victoria: How reform is faring a year on. Herald Sun.
[2] Carlisle-Frank, P., Frank, J.M. & Nielsen, L. Companion animal renters and pet-friendly housing in the US. Anthrozoos 18, 59-77 (2005)
This petition has been put in place using the information and structure found on this website. https://www.rspcasa.org.au/the-issues/pets-in-rentals/
The RSPCA of SA pushed for a bill to be passed in 2021 to have this legislation changed but it was not passed by the SA Government.
By signing this petition you are adding the voice of change and support for families with pets. Pets who are members of our family and who deserve to be in a home with their family where they are loved and safe. Lets support our families and tell the government that our pets matter an dour FAMILY matters!
Petition Updates
Share this petition
Petition created on 18 February 2023