The Tasmanian Civil and Administrative Tribunal (TASCAT) has delivered its first ruling under the state’s new rental pet laws, determining that a landlord acted reasonably when refusing a tenant’s request to keep a rescue kitten.
The laws, which were introduced in March, establish a presumption that tenants are permitted to keep pets in rental properties. Under these rules, property owners can only refuse a request based on specified “reasonable grounds” and via an application to a tribunal.
The Case of Periwinkle
The legal dispute centered on a tenant’s request to house Periwinkle, a six-month-old rescue kitten, in a one-bedroom unit. The property is part of a four-unit strata complex.
Under the complex’s strata by-laws, animals cannot be kept in a unit without written approval from the body corporate. In this instance, the strata manager, acting for the body corporate, refused the tenant’s application.
The landlord subsequently refused to provide written consent and referred the matter to the tribunal to determine if the refusal was reasonable.
TASCAT’s Ruling
TASCAT deputy president Richard Grueber found that the landlord’s personal objections to the kitten were not based on evidence. The landlord had cited concerns regarding the kitten’s safety due to nearby traffic and a lack of outdoor area.
Mr. Grueber described these concerns as “entirely speculative,” noting that the tenant intended to keep the kitten indoors. He wrote that if those had been the only issues, he would have found the refusal unreasonable.
However, the decisive factor was the body corporate’s refusal. The tribunal ruled that because the body corporate had denied permission, the landlord’s refusal was “consistent with the lawful position of the body corporate.”
Mr. Grueber concluded that even if the landlord had approved the request, it would have “no practical effect,” and therefore the refusal was reasonable.
Advocacy and Government Response
Alex Bomford, acting principal solicitor at the Tenants’ Union of Tasmania, stated he was not surprised by the outcome. He noted that the union had previously warned the government about this potential result during public consultations.
Mr. Bomford argued that people in units and apartments should not be subject to the “unfettered discretion of the body corporate.” He suggested that the Strata Titles Act may need to be amended to prevent strata rules from blanketly opposing consent for pets.
Despite the outcome, Mr. Bomford described other aspects of the decision as promising, stating that the ruling establishes a “high bar” for landlords to prove reasonable grounds for refusal.
Deputy Premier and Attorney General Guy Barnett defended the legislation, stating the government had “got the balance right” between landlords and tenants. He emphasized that the laws were not intended to override pre-existing rules, including animal welfare laws, council by-laws, or strata by-laws.
Mr. Barnett noted that such exclusions are necessary to recognize situations where neither the tenant nor the property owner has the legal authority to keep a pet on the premises.
Frequently Asked Questions
What is the general presumption of the new Tasmanian pet laws?
The laws presume that tenants are allowed to keep pets in rental properties unless a landlord can demonstrate reasonable grounds for refusing consent.
Why did the tribunal rule in favor of the landlord in this case?
The ruling was based on the fact that the unit’s strata by-laws required body corporate approval for pets, and the body corporate had denied the tenant’s request.
Does the new legislation override strata by-laws?
No. According to Deputy Premier Guy Barnett and the TASCAT ruling, the legislation does not override pre-existing rules such as strata by-laws, council by-laws, or animal welfare laws.
Do you believe strata by-laws should be amended to align with new rental pet protections?