1. A Legal Shift: From 'Strictly No Pets Allowed' to a More Balanced Approach
WA has undergone a significant transformation in its residential tenancy laws under the Residential Tenancies Act 1987. These reforms mean that tenants now have conditional rights to keep pets in rental homes, and landlords can only reject a request for specific, justified reasons.
Automatic clause for pet permission: Most rental agreements now contain a clause stating that tenants may keep pets with the landlord’s permission.
Refusal allowed only on reasonable grounds: Landlords can refuse requests if, for instance, the property is unsuitable, the pet poses safety risks, there are strata by-laws governing pets, or the damage potential exceeds the bond.
2. Pet Request Process: What Tenants and Landlords Must Do
- Formal request via “Form 25”: Tenants must submit a Pet Request Form, providing details to help landlords assess the request.
- 14-day rule: If a landlord doesn’t reply within 14 days, the request is automatically approved.
- Independent appeals: If a request is denied, tenants can appeal to the Commissioner for Consumer Protection, who will assess both sides and make a fair determination.
Early data is clear: out of 18 appeals submitted since the reforms began, 15 were approved – reasons for rejection were:
- a strata by-law explicitly banning pets;
- Damage caused to the property by the dog;
- Fencing/gates not suitable.
3. The Role of Pet Bonds and Conditions
- Pet bond is legal—but limited to WA: WA remains the only Australian state where landlords can ask for a pet bond, currently capped at $260.
- Expanded use of pet bonds: Under the new reforms, pet bonds can now also be applied to property damage caused by the pet—not just fumigation.
- Reasonable conditions allowed: Landlords may impose conditions such as number of pets, cleaning requirements, fumigation, or the pet must be kept outside—some conditions may require approval by the Commissioner.
4. Practical Tips for Tenants and Landlords in WA
For Tenants:
- by-laws may ban pets.
- Submit a solid Form 25, including details such as breed, size, behavior, or vet references—this strengthens your case.
- If refused, lodge an appeal via the Commissioner—especially if the refusal isn’t linked to strata by-laws.
- Document everything—keep copies of forms and written replies, especially given the 14-day default-approval rule.
For Landlords:
- Act within 14 days—either grant or refuse (with reasons) the pet request.
- Be clear and reasonable—ensure any rejection is grounded in property suitability, safety, or legal restrictions.
- Use conditional approval where possible—e.g., cleaning, limits on pets, or fumigation—and know when Commissioner approval is required.
- Know the bond limit—you may request a pet bond (up to $260), but no more. Use it only for damage-related costs or fumigation.
Final Thoughts: A Win–Win Path Forward?
These reforms represent a shift towards transparency and rental security for tenants in WA. Tenants gain clarity and rights to keep pets in most circumstances, while landlords retain some protection against property damage and nuisance.
For pet lovers who have long faced instability or heartbreak due to rental restrictions, this is a step toward a kinder, more equitable rental landscape, however it does reduce the landlord control over his/her investment.
Please contact me if you would like to discuss this further.
