The Residential Tenancy Amendment (Pets) Act 2025 updates the Residential Tenancy Act 1997 to create a fair and consistent framework for tenants and owners to seek, grant or refuse permission to keep pets.
Key points
- Tenants can request the consent of property owners/agents to keep a pet at their premises.
- A tenant must request permission before introducing a pet and a pet cannot be kept at the property until consent is granted (unless the animal is exempt, such as a guide dog or assistance animal).
- Property agents/owners cannot unreasonably refuse a request for consent from a tenant.
- After being given the request for consent to keep a pet, property owners/agents have 14 days to either:
- give written consent to the tenant, or
- refuse consent by:
- giving written notice to the tenant of the refusal and the reason for the refusal, and
- making an application to the Tasmanian Civil and Administrative Tribunal (TASCAT).
- If a property owner/agent does not give, or refuse, consent within 14 days, they are taken to have consented to the tenant’s request.
- Property owners/agents can agree with the tenant to conditions for keeping the pet at the premises.
- Property owners/agents can withdraw consent to the tenant keeping a pet but only following notice to the tenant and an order from TASCAT.
- Property owners/agents cannot unreasonably reject a rental application on the basis that the applicant will request consent to keep a pet.
- Tenants can keep guide dogs and assistance animals on premises without seeking the consent of property owners/agents.
- Tenants remain responsible for any damage caused by pets that exceeds reasonable wear and tear.
What is a pet?
A pet means a domesticated animal, or an animal that is dependent on a person for the provision of food or shelter, if that animal is not an exempt animal or an ineligible animal.
Is consent required for exempt animals?
- An animal is an exempt animal if it is:
- a guide dog or hearing dog trained or being trained by an approved institution
- an assistance animal within the meaning of the Disability Discrimination Act 1992 (Cth)
- an animal that is determined to be exempt by TASCAT.
- The Disability Discrimination Act 1992 (Cth) defines an assistance animal as a dog or other animal:
- accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability, or
- accredited by an animal training organisation prescribed by the regulations for the purposes of this paragraph, or
- trained:
- to assist a person with a disability to alleviate the effect of the disability, and
- to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
- Under the Disability Discrimination Act 1992 (Cth), it is not unlawful for a person to request evidence that an animal is an assistance animal.
An owner’s consent for a tenant to keep an exempt animal is not required.
Ineligible animals
The following animals are not pets under the Act :
- An unregistered dog over six months,
- An un-microchipped cat over six months.
- An owner can refuse consent to a tenant keeping a dangerous dog, within the meaning of the Dog Control Act 2000, without making application to TASCAT.
Can property owners impose conditions on keeping a pet?
- Tenants and property owners/agents can agree to reasonable conditions for keeping a pet.
- Conditions must:
- not contravene the Residential Tenancy Act 1997 or other legislation
- relate only to the pets specified
- not require an increase to rent or the security deposit.
- Depending on the type of pet and individual circumstances, some examples of reasonable conditions may include:
- flea treatment
- cleaning up after the pet
- the pet to be kept outside, if the pet is not a type ordinarily kept inside.
- It is recommended that any conditions for keeping a pet are clear, specific, and easy to understand
Do existing laws or by-laws still apply?
- Existing legislation, council by-laws and by-laws made by a body corporate under section 90 of the Strata Titles Act 1998 continue to apply.
- These may place restrictions on tenants who wish to apply for consent to keep a pet.
Who is responsible for pet-related damage?
- Tenants remain responsible for any damage caused by pets that exceeds reasonable wear and tear.
- Tenants need to leave the property as nearly as possible in the same condition, apart from reasonable wear and tear, as set out in the condition report (or, if there is no condition report, as at the start of the tenancy).
- Property owners/agents can claim from the bond and/or seek compensation if costs exceed the bond. (For information about bond claims see: Guide to the Residential Tenancy Commissioner.)
Can a property owner obtain insurance to compensate for damage caused by a pet?
- Property owners/agents can obtain insurance to cover pet-related damage.
- Because coverage varies between insurers, it is essential to check the specific terms of the insurance policy, or speak directly with the insurer, to confirm policy coverage.
Bonds
- Pet bonds are not permitted under Tasmanian law.
- Property owners/agents can use the standard rental bond (maximum 4 weeks’ rent) to recover costs for pet-related damage beyond normal wear and tear.
What is TASCAT and what role does it have?
- TASCAT is the Tasmanian Civil and Administrative Tribunal, an independent body that reviews and decides disputes under various state laws.
- TASCAT can determine:
- whether or not an owner’s refusal is on reasonable grounds
- whether or not an owner’s withdrawal of consent is on reasonable grounds
- whether an animal can be kept on premises (where no request has been made)
- whether an animal is/is not
- a pet
- an exempt animal
- an ineligible animal.
- TASCAT can also provide for conditions relating to keeping of a pet on premises.
How does a property owner lodge an application to TASCAT?
- A property owner can apply to TASCAT by following this link to the TASCAT website.
What will TASCAT take into account when making a determination?
- In determining an application from property owners/agents, TASCAT may take into account whether keeping the pet would:
- cause a nuisance on the premises, or on adjacent, adjoining or nearby premises
- cause damage that is more than reasonable wear and tear to the premises
- pose an unacceptable risk to the safety of any person
- pose an unacceptable risk to the safety/welfare of the pet or another animal on the premises.
- TASCAT can also take into account any other grounds it considers reasonable in the circumstances.
Transitional arrangements
- If the tenant had consent, whether verbally or in writing, to keep a pet on premises immediately before these changes commenced, that consent is taken to continue under the new legislation.
What happens if the tenant’s pet is a “dangerous dog”?
An owner can refuse consent to a tenant keeping a ‘dangerous dog’ as defined by the Dog Control Act 2000, without making application to TASCAT.
If a pet dies or is rehomed, does consent automatically extend to a replacement pet?
No. Consent does not automatically extend to a replacement pet.
Can I set a condition that requires the pet to be kept outside?
Tenants and property owners/agents can agree to reasonable conditions for keeping a pet. Conditions must:
- not contravene the Residential Tenancy Act 1997 or other legislation
- relate only to the pets specified
- not require an increase to rent or the security deposit.
Are poultry, reptiles or exotic pets classed as ‘pets’?
They may be. A pet is a domesticated animal, or an animal that is dependent on a person for the provision of food or shelter, if that animal is not an exempt animal or an ineligible animal.
If an owner doesn’t reply to a pet request within 14 days, what happens?
After being given the request for consent to keep a pet, property owners/agents have 14 days to either:
- give written consent to the tenant, or
- refuse consent by: giving written notice to the tenant of the refusal and the reason for the refusal, and making an application to the Tasmanian Civil and Administrative Tribunal (TASCAT).
If a tenant makes a compliant request then moves out, does consent carry to the next tenant?
No, pet consent does not carry over to the next tenant.
Can the property owner inspect more frequently because of the pet?
No, inspection frequency is set by the Act and does not change due to a pet.
Does the “pet request” process apply to caged pets like birds, fish, or reptiles?
Yes, all animals classed as pets must be approved unless specifically exempted (e.g., guide dogs and assistance animals).
Further information
If you require further information, you can contact us:
- By phone: 1300 654 499
- By email: cbos.info@justice.tas.gov.au
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