Improve rental laws in NSW
In NSW landlords can ban companion animals from rental properties for no reason - it’s time to change that.
The NSW Government wants to hear from you regarding rental laws. They are seeking to improve laws to support renters, landlords and the community. Better rules for rentals will help give more stability for renters and certainty for landlords.
Companion animals are an important part of many Australian households, with approximately 69% of homes having at least one furry friend. These animals are often considered family members, providing us with love, companionship, and numerous health benefits.
Current rental laws in NSW present obstacles for renters who wish to live with their companion animals. We believe that responsible guardianship should be supported and encouraged, while still respecting the rights of both tenants and landlords. By revising the laws, we can create a fair and balanced approach that ensures rental security and improves animal welfare outcomes. This will lead to happier, healthier homes and responsible animal guardianship.
We also recognise that caring for a companion animal can lead to housing insecurity for renters. Many people face difficulties finding animal-friendly rental homes, and this can result in subpar living conditions or even homelessness. It's essential to acknowledge the connection between property rights, human rights, and animal rights. By protecting the rights of tenants to keep their companion animals, we are promoting a more compassionate and understanding society.
Sign this petition and let's create a more compassionate and animal-friendly rental environment in New South Wales!
Petition closes 4pm 11 August 2023.
If you prefer, you can fill out the Government survey or write a submission, here.
By signing this petition, you add your name in support of Animal Liberation's 6-point plan to improve rental laws for companion animal guardians:
Recommendation 1:
If tenants want to keep companion animals in their rental homes, landlords should only be allowed to say no with approval from the NSW Civil and Administrative Tribunal (‘the Tribunal’). The Tribunal should look at specific factors to decide if the landlord's decision is reasonable. This way, everyone is treated fairly and consistently. It protects tenants' rights and addresses landlords' concerns about property damage and other laws. We suggest the NSW Government looks at section 184E of the Residential Tenancy and Rooming Accommodation Act 2008 (QLD) for reasons landlords can say no. These reasons should be based on each situation, considering the property and the companion animal. Before adding these reasons, the community should be asked for their thoughts through a comprehensive consultation process led by NSW Fair Trading.
Recommendation 2:
We need simple and fair procedures for landlords to request a Tribunal order and for tenants to appeal decisions about keeping companion animals. These procedures should be quick and easy to access, giving both parties a fair chance to present their cases. The NSW Government should run educational campaigns to inform everyone about these new rules and their rights and responsibilities. This will help people understand and follow the changes.
Recommendation 3:
Many tenants face discrimination when landlords ask about having companion animals in the rental application process. This can lead to insecurity and unfair treatment for both renters and companion animals. We suggest changing the Residential Tenancies Act to stop landlords and agents from asking about companion animals during the application. To make this work, there should be clear rules and information about the new law, and there should be ways to enforce it. Other relevant inquiries, such as references and financial capability, should remain unaffected by this change.
Recommendation 4:
Research shows that caring for a companion animal can greatly improve mental and physical health. Yet, many rental agreements have a “no pets” rule, preventing tenants from enjoying these benefits. We suggest changing the Residential Tenancies Act to ban these rules, including banning their use in tenancy agreements and Owners Corporation by-laws. To make sure these changes are effective, the community should be consulted and engagement with stakeholders is necessary. The NSW Government should also teach people about being responsible guardians and about their rights as tenants and landlords. This will help prevent conflicts and create a supportive environment for having companion animals.
Recommendation 5:
The current ‘no-grounds’ eviction rules in the Residential Tenancies Act can be unfair for tenants. Landlords can evict tenants without giving a specific reason, which leaves tenants feeling uncertain, unsafe, and vulnerable. We suggest removing these ‘no-grounds’ eviction rules and replacing them with a clear set of valid reasons for eviction. To make sure this new system is fair, the community should be consulted on these rules. This way, we can create a fair and balanced set of reasons for eviction that everyone agrees on.
Recommendation 6:
We suggest a two-phase approach to improving the way renters and landlords handle companion animals. First, a detailed model covering how to take care of animals, manage noise, handle waste, and maintain the property should be developed. This model will also protect landlord rights and include a fair way to solve disagreements. In the second phase, this model is applied to the rental sector. This includes updating the laws, rules, and agreements. Throughout the process, the government should help people learn about the new guidelines through educational campaigns. Our goal is to make sure both renters and landlords can have good relationships while taking care of companion animals responsibly.