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April 2021
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Tenancy Agreement Pets` Clause Nsw

Most leases contain a clause prohibiting tenants from keeping pets without the landlord`s permission. And many owners and brokers refuse permission. The right to rent, the Rental Act 2010, does not impose this clause – but also does not exclude the clause. By the middle of this year, the State Government is implementing major reforms to the Rent Act to make it easier to own rental properties. Currently, owners must grant permission and can refuse applications, with one in ten pet rentals. Under the new rules, it will be much more difficult to reject applications, except in specific cases. It is up to the owner to decide whether or not pets are allowed in rented premises, but tenants can negotiate with their landlords if there is a non-pet clause in the agreement or can ask NTCAT to withdraw or amend the clause because it is harsh or unscrupulous. Some homeowners may include a clause on flea and tick sprays at the end of the lifespan. Pet bonds are illegal. In NSW, the Residential Tenancies Act 2010 does not prevent tenants from bringing pets onto a property, but many leases will have a clause specifically related to it. Similarly, it is not illegal for owners to introduce a “No Pets” clause, unless it is a service or companion animal.

In addition, you must also respect the building`s stratification status, which could totally reject pets. All tenants are responsible for not intentionally or negligently damaging the premises and for returning the premises in a condition similar to that at the beginning of the lease. However, most owners include in each rental agreement a clause that prevents pets from being kept in their possession. Owners are currently entitled to include such a clause. But Dr. Martin says one step further could be to leave it to tenants to decide whether they can keep a pet and fulfill other obligations they have under the lease. It is time to ban the “No Pets” clause in leases. Too many families are forced to go with their loved ones and revered family members, because pet owners. These pets are almost always abandoned and placed in kennels, resulting in unnecessary jostling and euthanasia. These numbers are only getting better. For years we have been unable to find a home, and we have been forced to stay with many different friends over the years due to the lack of “animal-friendly” homes and inamis owners, I know many people who have been exposed to the same struggle. The RSPCA and the NSW Tenants Association have already begun to challenge the “no pets” clause.

This discrimination should not be tolerated and the prohibition of the clause is long overdue. Tenants should be able to own a pet without having to obtain permission from their landlord, as long as the damage (if any) is covered by the tenant, there is no reason to continue to ban pets. Keeping a pet is the individual choice. As an adult, you should not have to get permission. Keeping a pet is usually less damaging than having a child, it`s time to change. The standard form of the agreement issued by NSW Fair Trading contains additional conditions that require your owners to accept the breeding of animals. Additional terms may be waived if you and the lessor sign the contract, but if they are not cancelled, they apply to your contract. Dr.

Martin says that pet restrictions always have an additional purpose in the leases that has been left to the owners.