Queensland Subordinate Legislation as Made

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION AMENDMENT REGULATION 2022 - REG 18

18 Insertion of new sch 1, pt 2, div 6, sdiv 5

Schedule 1 , part 2 , division 6 —
insert—

Subdivision 5 - Pets

33A Keeping pets and other animals at premises—ss 184B and 184G

(1) The tenant may keep a pet or other animal at the premises only with the approval of the lessor.

(2) However, the tenant may keep a working dog at the premises without the lessor’s approval.

(3) The tenant has the approval of the lessor to keep a pet at the premises if keeping the pet at the premises is consistent with item 17.

Notes—

1 If item 17 states 2 cats, the tenant is approved by the lessor to keep up to 2 cats at the premises.

2 For additional approvals to keep a pet or other animal at the premises see clause 33C.

(4) An authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a) the ending of this agreement, if the tenant continues occupying the premises under a new agreement;

(b) a change in the lessor or lessor’s agent;

(c) for a working dog—the retirement of the dog from the service the dog provided as a working dog.

(5) An authorisation to keep a pet, working dog or other animal at the premises may be restricted by a body corporate by-law or other law about keeping animals at the premises.

Examples—

1 The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2 The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

33B Tenant responsible for pets and other animals—s 184C

(1) The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.

(2) The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.

(3) Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear.

33C Request for approval to keep pet—ss 184D and 184E

(1) The tenant may, using the approved form, request the lessor’s approval to keep a stated pet at the premises.

(2) The lessor must respond to the tenant’s request within 14 days after receiving the request.

(3) The lessor’s response to the request must be in writing and state—

(a) whether the lessor approves or refuses the tenant’s request; and

(b) if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and

Note—

See clause 33D for limitations on conditions of approval to keep a pet at the premises.

(c) if the lessor refuses the tenant’s request—

(i) the grounds for the refusal; and

(ii) the reasons the lessor believes the grounds for the refusal apply to the request.

(4) The lessor may refuse the request for approval to keep a pet at the premises only on 1 or more of the following grounds—

(a) keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b) the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c) keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d) keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e) keeping the pet would contravene a law;

(f) keeping the pet would contravene a body corporate by-law applying to the premises;

(g) if the lessor proposed reasonable conditions for approval and the conditions comply with clause 33D—the tenant has not agreed to the conditions;

(h) the animal stated in the request is not a pet as defined in section 184A;

(i) another ground prescribed by a regulation under section 184E(1)(j).

(5) The lessor is taken to approve the keeping of the pet at the premises if—

(a) the lessor does not comply with subclause (2); or

(b) the lessor’s response does not comply with subclause (3).

33D Conditions for approval to keep pet at premises—s 184F

(1) The lessor’s approval to keep a pet at the premises may be subject to conditions if the conditions—

(a) relate only to keeping the pet at the premises; and

(b) are reasonable having regard to the type of pet and the nature of the premises; and

(c) are stated in the written approval given to the tenant in a way that is consistent with clause 33C(3).

(2) Without limiting subclause (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a) if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b) if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c) if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3) A condition of the lessor’s approval to keep a pet at the premises is void if the condition—

(a) would have the effect of the lessor contravening section 171 or 172; or

(b) would, as a term of this agreement, be void under section 173; or

(c) would increase the rent or rental bond payable by the tenant; or

(d) would require any form of security from the tenant.

(4) For subclause (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.