Every year, hundreds of pets are surrendered to RSPCA South Australia and other animal welfare and rescue organisations by people who cannot find rental properties that will accept pets.
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: almost a third of South Australians rent and most want to have pets, yet current estimates suggest just over 20 per cent of South Australian landlords will even consider allowing pets.
Mapping out animal welfare laws going into the future
During the build-up to South Australia’s state elections on March 19, RSPCA distributed animal welfare questions to all parties with elected members as well as the Animal Justice Party (AJP), because it is a dedicated animal welfare party. The answers we received provide insight into the future of animal welfare legislation in South Australia around the eight key issues we highlighted as most in need of legal reform. You can view the survey results
Our number question to our political leaders related to pets in rentals, an issue we know many of you feel extremely passionate about and have lived experience with. A new Labor government has changed the political landscape and we feel it is important to reflect on their answer.
The Question: In the next term of Parliament, will your party support legislation similar to that introduced in Victoria to allow pets in rental properties as the default condition of rental agreements? The Response: Labor is interested in ensuring rental properties and emergency accommodation are comfortable homes and will watch the implementation of interstate change with interest, but has no plans to change the law at present.
In short, Labor does not plan to address current pet rental laws anytime soon, but has indicated they will keep an eye on the impact of laws being passed in other States and Territories.
Why has RSPCA South Australia focused on Victoria’s rental law changes?
In February of 2020, the Victorian Government made sweeping changes to their pet rental laws.
The new laws effectively prevent landlords from unreasonably refusing consent to a renter who wishes to keep a pet.
Landlords are only able to deny a tenant’s request for a pet if they receive approval from the Victorian Civil and Administrative Tribunal.
This means renters are initially given the right to keep a pet unless the landlord takes the matter to the Tribunal, and wins. This extra step has given Victorian renters with pets a much better chance of getting their foot in the door within an already hyper-competitive renters’ market.
How the new Victorian rental laws work
-Tenants require written permission from a landlord before they can move a pet into the property. -Landlords are denied the ability to unreasonably refuse consent to a renter requesting to keep a pet.
-Landlords who want to refuse the request have 14 days to apply to VCAT. -VCAT will take local council rules, which may prohibit certain animals, whether the property is suitable for the type of pet being sought, and whether the pet poses a threat to neighbours.
-Landlords are unable to stipulate terms of housing the animal (e.g. a dog must always be kept outside).
-Tenants are accountable for any damage caused by a pet, which goes beyond fair wear and tear.
-Landlords are able to make claims on and in excess of their standard bond to cover any pet-caused damages to property.
Two years have passed since the laws came into effect and our counterparts across the border at RSPCA Victoria report the changes are already delivering benefits. In 2020, RSPCA Victoria was reporting a 15% surrender rate due to renters being unable to find accommodation that accepted their pets. By the end of 2020, that figure had dropped to 10.7% and in 2021 it was down to 9.5%.
What similar changes would mean for South Australia
Last financial year, 374 animals were surrendered to the RSPCA as a result of their owners being unable to secure rental accommodation that allowed pets. Sixty per cent of animals surrendered were cats, 20 per cent dogs and 18 per cent other species.
RSPCA has witnessed a growing trend, with 115 more animals surrendered in 2021 than in 2018. Unfortunately, we predict the number will continue to rise, with Australia experiencing a rental crisis not seen since the 2008 Global Financial Crisis.
A housing shortage paired with a skyrocketing cost of living has created the perfect storm for pet owners desperately searching for a new home on the rental market. But if SA introduced laws under our Residential Tenancies Act that are similar to those in Victoria, we are confident it would result in those very sad (sometimes even traumatic) surrenders reducing – a very happy outcome for both the animals and their owners.
If you are struggling to find a pet-friendly rental, check out on how to secure a place to live for you and your pet. You can also find pet-friendly rentals in South Australia via the Facebook groups and .
