• Sections 65A and 65B do not apply to a tenancy agreement entered into before the commencement.

• Commencement means the commencement of section 6 of the Residential Tenancies Legislation Amendment Act 2019.

As this Amendment Act commences on 1 January 2021, it does not apply, and cannot retrospectively be applied to any Tenancy Agreement / Lease that is in place prior to 1 January 2021.   

It is also important to note that S65A(6) states that the Tenant must NOT keep an animal on the premises until such time as the NTCAT rules the landlord's claim to be unreasonable and authorises the tenant to do so.  If they move a pet in prior to the NTCAT decision then they may be in breach of their lease.

 

WHAT THE AMENDMENT ACT SAYS
65A  Keeping pets

It is a term of a tenancy agreement that a tenant may only keep a pet on the premises in accordance with this section.  The Disability Discrimination Act 1992 (Cth) provides for rights in relation to assistance animals.

Any tenant who wishes to keep a pet on the premises must first give the landlord written notice describing the proposed pet.

1. The landlord has 14 days after receiving the notice under subsection (2) to object to the tenant keeping the pet by:
   • giving the tenant written notice of the objection and the reason for the objection; and 
   • making an application to the Tribunal under section 65B.
2. A tenant must not keep a pet on the premises before the expiry of the 14-day period referred to in subsection (3).
3. If the landlord does not apply to the Tribunal under section 65B within the 14-day period referred to in subsection (3), the tenant may keep the proposed pet on the premises.
4. If the landlord applies to the Tribunal under section 65B within the 14-day period referred to in subsection (3), the tenant must not keep the pet on the premises unless the Tribunal orders that the landlord's objection to the keeping of the pet is unreasonable and that the tenant may keep the pet on the premises.
5. A tenant may give a notice under subsection (2) in respect of more than one pet.
   • Example for subsection (7): A notice might relate to an aquarium with multiple species of tropical fish.
6. The tenant's right to keep a pet on the premises under this section is subject to any prohibition on animals or birds applicable to the premises under:
   • Part V, Division 6, of the Unit Titles Act 1975; and
   • Part 3.5, Division 2, of the Unit Title Schemes Act 2009.

65B  Applications to Tribunal

A landlord who objects to a tenant keeping a pet on the premises under section 65A must apply to the Tribunal for an order that the landlord's objection is reasonable and that the tenant must not keep the pet on the premises.

1. In determining an application under this section, the Tribunal must consider the reasonableness of the tenant keeping the pet on the premises and may have regard to the following matters:
   • the type of pet the tenant proposes to keep on the premises;
   • the character and nature of the premises;
   • the character and nature of the appliances, fixtures and fittings on the premises;
2. In determining an application under this section, the Tribunal must consider the reasonableness of the tenant keeping the pet on the premises and may have regard to the following matters:
   • whether keeping the pet on premises is permitted, restricted or prohibited under any other law or by-law;
   • any prescribed matters;
   • any other matter the Tribunal considers relevant.
     • Example: The local council might have a by-law governing the keeping of pets in the area  where the tenant lives.
3. After considering the matters specified in subsection (2), the Tribunal may make:
   • an order that the landlord's objection is reasonable and that the tenant must   not keep the pet on the premises; or
   • an order that the landlord's objection is not reasonable and that the tenant   may keep the pet on the premises.
4. On making an order under subsection (3), the Tribunal may provide for conditions and any other ancillary matter relating to the keeping of a pet on the premises it considers appropriate.

OTHER MATTERS IN THE AMENDMENTS ACT

Section 4 (definitions)

New definition : notice of intention to terminate means a notice given in accordance with section101.

The clause omits the definition of ‘notice of termination’ and replaces it with a new definition ‘notice of intention to terminate’ to mean a notice given in accordance with section 101 which provides for the form of a notice of intention to terminate. The new definition is intended to clarify that the notice provided in section 101 is not a termination notice and does not effect termination, and merely provides notice of intent to terminate.

 

Section 77 – Entry into premises

This clause also amends section 77 to provide clarity about what the Tribunal authority allows in relation to entry to a premises. New section 77(3) provides that an order under subsection (1) may authorise the use of reasonable means to enter the property and can specify what those reasonable means may be.  New section 77(4) expressly states that entering the premises pursuant to an order must not involve physical contact with the tenant or any other person on the premises.

New section 77(5) provides that any property damaged by the entry must be replaced or compensated for by the landlord, unless the property damaged was used to prevent entry.

New section 77(6) provides that the landlord is not criminally or civilly liable for acts or omissions in entering the premises if done in good faith and in accordance with the order, and that the landlord must make sure that the premises are returned to a reasonably secure state after gaining entry.