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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Residential Tenancies (Renting with Pets) Amendment
Bill 2019
A BILL FOR
An Act to amend the
Residential
Tenancies Act 1995
.
Contents
Part 2—Amendment of Residential
Tenancies Act 1995
4Insertion of Part 4
Division 6A
Division 6A—Keeping of pets on
rented premises
66AKeeping of pets on rented
premises
66BLandlord etc or tenant may
seek Tribunal orders
66CLimitation of
landlord's liability
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Residential Tenancies (Renting with Pets)
Amendment Act 2019.
This Act comes into operation 1 month after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Residential Tenancies
Act 1995
4—Insertion
of Part 4 Division 6A
After section 66 insert:
Division 6A—Keeping of pets on rented
premises
66A—Keeping of pets on rented
premises
(1) Subject to this section, a tenant may keep a pet or pets at premises
rented under a residential tenancy agreement if—
(a) the landlord (whether as part of the agreement, on an application
under this section or otherwise by written notice) consents to the keeping of a
pet or pets (as the case requires) of the relevant kind; or
(b) the Tribunal (whether on an application by the tenant or otherwise)
makes an order permitting the tenant to keep such a pet or pets (as the case
requires).
(2) A tenant may
apply to the landlord, or an agent of a landlord, for consent to keep a pet, or
specified number of pets, of a specified kind on premises rented under a
residential tenancy agreement.
(3) An application under
subsection (2)
—
(a) must be made in the prescribed form; and
(b) must be given personally to the landlord or an agent of the landlord;
and
(c) must comply with any other requirements set out in the
regulations.
(4) Except where the Tribunal makes an order under this Act to the
contrary, the landlord, or an agent of the landlord, must, on receipt of an
application under
subsection (2)
, give written consent to the keeping of the pet or pets specified in the
application on the relevant premises.
(5) The landlord, or agent of the landlord, may impose conditions of the
following kinds on a consent under this section:
(a) a condition reasonably limiting the number of pets that may be kept on
the premises;
(b) a condition imposing reasonable requirements in respect of cleaning
and maintenance of the premises in relation to the keeping of pets on the
premises;
(c) any other condition approved by the Tribunal on an application under
section 66B
.
(6) If a landlord, or an agent of the landlord, has not, within
14 days after receipt of an application under
subsection (2)
—
(a) given written consent to the keeping of the pet or pets specified in
the application; or
(b) made an application to the Tribunal under
section 66B
,
the landlord will be taken to have granted consent, without conditions, to
the keeping of the pet or pets specified in the application on the relevant
premises.
(7) This section is in addition to, and does not derogate from, a
provision of any other Act or law that relates to the keeping of
animals.
66B—Landlord etc or tenant may seek Tribunal
orders
(1) A landlord, an
agent of a landlord or a tenant may, in a manner and form determined by the
Tribunal, apply to the Tribunal for an order under this section.
(2) If a tenant makes
an application for consent under
section 66A(2)
, an application for an order referred to in
subsection (4)(a)
or
(b)
must be made within 14 days after the day on which the application
for consent is received by the landlord or an agent of the landlord (or such
longer period as may be allowed by the Tribunal).
(3) To avoid doubt,
subsection (2)
does not apply in relation to an application for an order referred to in
subsection (4)(b)
relating to a pet or pets being kept without consent on premises rented
under a residential tenancy agreement.
(4) Subject to this
section, the Tribunal may, on an application under this section, make 1 or more
of the following orders:
(a) an order that
the landlord, or an agent of the landlord, may refuse consent to the keeping of
a pet or pets, or a pet of a specified kind, on premises rented under a
residential tenancy agreement;
(b) an order
excluding all pets, or pets of a specified kind, from premises rented under a
residential tenancy agreement from the date specified in the order;
(c) an order
revoking a consent under
section 66A
;
(d) an order
varying or revoking a condition of a consent under
section 66A
;
(e) an order permitting
a specified pet or pets, or pets of a specified kind, to be kept on premises
rented under a residential tenancy agreement;
(f) such ancillary or
other orders as the Tribunal considers appropriate.
(5) The Tribunal may only make an order under
subsection (4)(a)
or
(b)
if it is satisfied that it is reasonable to refuse consent to the keeping
of a pet or pets, or pets of a specified kind, having regard to the
following:
(a) the type of pet or pets the tenant proposes to keep, or is keeping, on
the premises;
(b) the suitability of the premises for the keeping of such
pets;
(c) the character and nature of the appliances, fixtures and fittings on
the premises;
(d) whether keeping such pets on the premises would result in unreasonable
damage to the premises or to fixtures, appliances and fittings on the
premises;
(e) whether keeping such pets on the premises would pose an unacceptable
risk to public health or safety;
(f) the operation of any other Act or law relevant to the keeping of
assistance animals or other animals of the relevant kind;
(g) any other matter the Tribunal considers relevant.
(6) The Tribunal may only make an order under
subsection (4)(c)
if it is satisfied that a pet or pets kept on the premises pursuant to the
relevant consent has caused unreasonable damage to the premises or to fixtures,
appliances and fittings on the premises, or poses an unacceptable risk to public
health or safety.
(7) An order under
subsection (4)(a)
,
(b)
,
(e)
or
(f)
remains in force—
(a) for the period specified by the Tribunal in the order; or
(b) if no such period is specified, until further order by the
Tribunal,
whether or not a new residential tenancy agreement is entered in respect of
the relevant premises during the period.
66C—Limitation of landlord's
liability
A landlord, or an agent of a landlord, has no additional duty of care to a
person arising in relation to a consent given under
section 66A
.