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Tasmanian Liberals make election promise to strengthen rights for pet-owning renters

2024.02.19

· In short: The Tasmanian Liberal Party has announced a series of election commitments designed to increase tenants' rights and boost the supply of rental properties.

· Under the proposed scheme, landlords would lose the right to automatically reject applications based on whether a tenant has pets.

· What's next: If the Liberals win government at the March 23 election, the party would introduce the new measures within 100 days.

Landlords would no longer have the right to automatically refuse tenants who have pets if the Tasmanian Liberals win government at next month's election.

The existing system has faced criticism from tenants' advocates and welfare organisations because only about 10 per cent of rentals are approved for animals.

It means some tenants have been forced to give up their much-loved pets or face the prospect of homelessness if they can't secure approval to live with them.

"Pets are many people's greatest friends and companions," Premier Jeremy Rockliff said.

"[This policy] is about ensuring that people do not have to choose between the place they live and the pet they love."

Under the proposed scheme, landlords would not be able to "unreasonably" reject a tenant's application on the basis of pet ownership.

They could only do so if the Tasmanian Civil and Administrative Tribunal (TasCAT) agreed the animal was a nuisance, causing damage to the property or endangering the safety of neighbours.

The Tenants Union of Tasmania welcomed the commitment, saying it would bring the state into line with most jurisdictions.

"We believe that the Liberal policy will strike the right balance," the union's principal lawyer Ben Bartl said.

"Tenants will have the right to have a pet, but a landlord will have the opportunity of applying to a decision-making body to argue that there are reasonable grounds for the pet to be refused."

In recent years, Victoria, Queensland, South Australia, the ACT and the NT have cracked down on 'no pet' clauses in rental agreements.

NSW and Western Australia have also announced they are examining changes.

The Tasmanian Greens have previously called for an overhaul to loosen restrictions on pets in rentals, but the reforms, which were bundled up with other measures, did not get support in parliament.

'Insufficient consultation':  Real Estate industry

The Liberals' election commitment has been criticised by Real Estate Institute of Tasmania, whose chief executive, Michelle Tynan, said the policy lacked enough information.

"Is it appropriate to have a large dog, for example, on the ninth floor of an apartment block in a one-bedroom apartment?"

"It's those types of nuances that we haven't seen any guidance from the government around other than the landlord would have to go to TasCAT to refuse that."

She said a lack of sufficient consultation had resulted in more questions than answers.

"What's the definition of the pet? Could you have a horse in the backyard of a three-bedroom suburban home if that's your pet?" Ms Tynan said.

Ms Tynan also raised concerns about how landlords would be compensated for potentially expensive damage caused by pets.

Mr Rockliff confirmed there would be no requirement for a pet bond, describing the policy as "fair and reasonable".

The policy has been praised by a young tenant who attended the press conference with the premier.

Liam, who did not want his last name used, said he recently had to leave his dog Henry at his mother's place after signing a lease where his pet was not permitted.

"Not being able to have him in the home really does sting a bit," Liam said.

"It's great to hear that this scheme will allow us to have the ability to [keep him] when we rent."

 

Jeremy Rockliff says renters shouldn't have to choose between having a place to live and the pet they love.(ABC News: Damian McIntyre)

Rental supply initiatives are 'a drop in the ocean': union

The Liberals have also announced several other election commitments designed to increase the number of rental properties on the market.

An additional 200 homes would be added to the Private Rental Incentive Scheme, which caps rents at up to 30 per cent below the median rate.

Three hundred properties are already part of the scheme, which would be expanded by providing a cash incentive of $200 per week to homeowners who take part.

In a separate measure, owners who put new homes on the rental market or switch existing short-stay accommodation to long-term rentals would avoid paying land tax for up to three years.

"We understand that one of [the] challenges is being able to find an affordable rental in a market that has massive demand," Mr Rockliff said.

"We're taking action to address the supply side, and while pressure is easing on the rental market we know that more needs to be done."

The Tenants Union said it was a "good thing" to focus on supply but described the Liberals' commitments as a "drop in the ocean".

"There are about 57,000 rental households across Tasmania, and many of them are in rental stress — that is, paying more than 30 per cent of their income as rent," Mr Bartl said.

He called for the introduction of rent caps, such as those in Canberra, where rents can only be increased by 10 per cent plus CPI each year.

He also urged political parties to consider a moratorium on new permits for short-stay accommodation.

"In our view, there is no point offering incentives to investors to return properties if investors will continue to be allowed to take existing long-term rental properties and turn them into short stay," he said.

On Sunday the Liberals promised to scrap stamp duty for first home buyers in a plan partially funded by a five per cent levy on short-stay accommodation.

Labor is yet to unveil its housing policies during the election campaign.

However, it has criticised the government's Private Rental Incentive Scheme, saying some tenants face the prospect of eviction if they can't afford to pay the rent once prices return to market rates.

The Greens have called for increased funding to build 10,000 new social and affordable homes by the end of the decade.