Div 6AKeeping of pets on premises

Division 6A—Keeping of pets on premises 66C—Keeping of pets on premises (1) A tenant may— (a) keep a pet on premises rented under a residential tenancy agreement with the approval of the landlord; and (b) keep an exempt animal on premises rented under a residential tenancy agreement without the approval of the landlord. (2) A tenant may apply to the landlord, or an agent of a landlord, for approval under subsection (1). (3) An application under subsection (2) must— (a) be made in a manner and form determined by the Commissioner; and (b) comply with any other requirements set out in the regulations. (4) A landlord, or an agent of the landlord, must, within 14 days after receipt of an application under subsection (2), give the tenant a written notice setting out— (a) whether the landlord approves or refuses the tenant’s application; and (b) if the landlord approves the tenant’s application subject to conditions—the conditions of the approval; and (c) if the landlord refuses the tenant’s application— (i) the grounds for the refusal; and (ii) the reasons the landlord believes the grounds for the refusal apply to the application. (5) If a landlord, or an agent of the landlord, fails to give the tenant a written notice within the period specified in subsection (4), or gives the tenant a notice that does not comply with that subsection, the landlord will be taken to have given approval to the keeping of the pet specified in the application on the relevant premises. (6) An approval under subsection (5) is taken to be subject to any conditions determined by the Commissioner for the purposes of this subsection. (7) A landlord may, by notice in writing to the tenant, impose, vary or revoke a condition of an approval given (or taken to be given) at any time. (8) An approval given by a landlord, or an agent of the landlord, under this section may be subject to conditions if the conditions— (a) relate only to keeping the pet on 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 under subsection (4) or in a written notice given to the tenant under subsection (7). (9) Without limiting subsection (8)(b), the following conditions of an approval are taken to be reasonable: (a) a condition requiring the pet to be effectively restrained while a landlord or an agent of the landlord is entering or at the premises in the exercise of a right of entry to the premises under section 72; (b) if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside on the premises; (c) if the pet is allowed inside the premises—a condition requiring carpets in the premises to be cleaned to a professional standard at the end of the tenancy. (10) A condition of a landlord’s approval for a tenant to keep a pet on premises is void if the condition— (a) would require the tenant to buy goods or services from the landlord or a specified person or business; or (b) would require the tenant to pay an amount in the nature of an incentive (other than rent, a bond or another amount required or authorised to be paid under this or any other Act); or (c) would require the tenant to pay an amount in the nature of a penalty or liquidated damages; or (d) would increase the rent or bond payable by the tenant; or (e) would require any form of security from the tenant. (11) 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. 66D—Grounds for refusing pets being kept on premises For the purposes of this Division, the following are the only grounds for a landlord to refuse a tenant’s application for approval to keep a pet on premises: (a) keeping the pet would exceed a reasonable number of animals being kept on 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 would pose an unacceptable risk to the health or safety of a person, including, for example, because the pet is venomous; (d) keeping the pet would contravene a law; (e) keeping the pet would contravene a by‑law or rule applying to the premises under this or any other Act or law; (f) the tenant has not agreed to the reasonable conditions proposed by the landlord for approval to keep the pet, provided that the conditions are in accordance with section 66C(8) to (10) (inclusive); (g) the animal stated in the request is not a pet; (h) if the premises is a moveable dwelling premises—keeping the pet would contravene a condition of a licence applying to the premises; (i) any other ground prescribed by regulation. 66E—Tenant may seek Tribunal orders (1) If a tenant receives a notice under section 66C(4) refusing their application for approval under section 66C(2), the tenant may, in a manner and form determined by the Tribunal, apply to the Tribunal for an order under this section. (2) Subject to this section, the Tribunal may, on an application under this section, make 1 or more of the following orders: (a) an order confirming the refusal of approval to the keeping of a pet on premises rented under a residential tenancy agreement; (b) an order varying or revoking a condition of an approval under section 66C; (c) an order permitting a pet to be kept on premises rented under a residential tenancy agreement; (d) such ancillary or other orders as the Tribunal considers appropriate. (3) The Tribunal may only make an order under subsection (2)(a) if it is satisfied that it is reasonable to refuse approval to the keeping of a pet in accordance with section 66D. (4) Before making an order under subsection (2)(c), the Tribunal must have regard to reasonable conditions proposed by the landlord for approval to keep the pet in accordance with section 66C(8) to (10) (inclusive). (5) An order under subsection (2)(a), (c) or (d) 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. 66F—Continuation of approval to keep pet on premises Without limiting section 66E(5), if a pet is authorised to be kept on premises under this Division, the approval to keep the pet on the premises continues for the life of the pet and is not affected by any of the following: (a) the ending of a residential tenancy agreement, if the tenant continues occupying the premises under a new agreement; (b) a change in the landlord or landlord's agent. 66G—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 an approval under section 66C or an order under section 66E. Division 7—Landlord's obligation in regard to condition of the premises 67—Cleanliness It is a term of a residential tenancy agreement that the landlord will ensure that the premises, and ancillary property, are in a reasonable state of cleanliness when the tenant goes into occupation of the premises. 67A—Occupation of premises that do not comply with minimum housing standards (1) Without limiting sections 64, 66, 67, 67B and 68, a landlord under a residential tenancy agreement must ensure that the premises comply with the prescribed minimum housing standards under the Housing Improvement Act 2016 on or before the day on which the tenant enters into occupation of the premises. (2) If premises do not comply with the standards referred to in subsection (1) on or immediately after the day on which the tenant enters into occupation of the premises, the tenant may request the landlord to carry out urgent repairs to the premises to ensure that the premises comply with the standards. 67B—Testing and remediation in relation to drug contamination (1) If a landlord becomes aware that drug related conduct has occurred on premises subject to, or proposed to be subject to, a residential tenancy agreement, or ancillary property, the landlord must as soon as reasonably practicable give the tenant notice that the premises or ancillary property (or both, as the case requires) will be tested for contamination. (2) If a notice is given to a tenant under this section and the landlord has not, within 1 month after giving the notice, conducted testing of the relevant premises in accordance with any requirements of the regulations the landlord is guilty of an offence. (3) If premises are contaminated according to testing conducted under this section, it is a term of a residential tenancy agreement relating to the premises that the landlord will ensure the contamination is remediated as soon as is reasonably practicable such that the premises comply with the prescribed minimum housing standards under the Housing Improvement Act 2016. 68—Landlord's obligation to repair (1) It is a term of a residential tenancy agreement that the landlord— (a) will ensure that the premises, and ancillary property, are in a reasonable state of repair at the beginning of the tenancy and will keep them in a reasonable state of repair having regard to their age, character and prospective life; and (b) will comply with statutory requirements affecting the premises. (1a) The obligation to repair applies even though the tenant had notice of the state of disrepair before entering into occupation. (a) the landlord will not be regarded as being in breach of the obligation to repair unless— (i) the landlord has notice of the defect requiring repair; and (ii) the landlord fails to act with reasonable diligence to have the defect repaired; and (b) if the landlord is a registered community housing provider, the regulations may limit the extent of the obligation imposed by subsection (1). (3) If— (a) premises or ancillary property are in a state of disrepair that does not arise from a contravention of the residential tenancy agreement by the tenant; and (b) the state of disrepair is, unless remedied, likely to result in personal injury or damage to property or undue inconvenience; and (c) the landlord— (i) has been notified of the state of disrepair by the tenant but has failed to take reasonable action to remedy the state of disrepair; or (ii) has not been notified of the state of disrepair despite the tenant's reasonable attempts to do so, then the tenant is entitled— (d) to reasonable compensation from the landlord in respect of any damage to property resulting from the state of disrepair after the tenant has notified, or made a reasonable attempt to notify, the landlord of the state of disrepair (however, the tenant must take reasonable steps to mitigate any loss and is not entitled to compensation for damage that could have been avoided by those steps); and (e) to recover from the landlord reasonable costs incurred by the tenant in having the state of disrepair remedied, but only if the repairs are carried out by a person who is licensed to carry out the necessary work and the person provides the landlord with a report on the work carried out and the apparent cause of the state of disrepair. (5) The Tribunal may, on application by the tenant, order the landlord to pay to the tenant compensation to which the tenant is entitled under this section. 68A—Minimum efficiency standards It is a term of a residential tenancy agreement that the landlord will ensure that the requirements prescribed by the regulations relating to energy and water efficiency are complied with in relation to appliances, fittings or fixtures installed or replaced on or after the commencement of this section by the landlord at the premises. This requirement does not apply to appliances, fittings and fixtures that were installed by the landlord on the premises before the day on which this section commences (even though those appliances, fittings and fixtures remain in use on the premises on and after that day) but will apply when those appliances, fittings and fixtures are replaced on or after that day. Division 8—Tenant's obligations in relation to the premises and ancillary property 69—Tenant's responsibility for cleanliness, damage and loss (1) It is a term of a residential tenancy agreement that the tenant— (a) must keep the premises and ancillary property in a reasonable state of cleanliness; and (ab) must replace, or compensate the landlord for the reasonable cost of replacing, any ancillary property lost or destroyed while in the care of the tenant; and (b) must notify the landlord of damage to the premises or ancillary property; and (c) must not intentionally or negligently cause or permit damage to the premises or ancillary property. (2) A tenant who intentionally causes serious damage to the premises or ancillary property is guilty of an offence. (3) It is a term of a residential tenancy agreement that, at the end of the tenancy, the tenant must give the premises and ancillary property back to the landlord in reasonable condition and in a reasonable state of cleanliness. (3a) If a tenant unintentionally causes damage to the premises or ancillary property as a result of the use of a domestic facility requiring instruction, the landlord is not entitled to compensation for the damage unless— (a) the domestic facility is listed in the residential tenancy agreement as a domestic facility requiring instruction; and (b) the landlord complied with section 48(2) in relation to the domestic facility. (4) In deciding whether premises or other property is in reasonable condition, its condition when the tenant took possession of it, and the probable effect of reasonable wear and tear since that time, must be taken into account. 70—Alteration of premises (1) It is a term of a residential tenancy agreement that a tenant must not, without the landlord's written consent, make an alteration or addition to the premises. (1a) It is a term of a residential tenancy agreement that a landlord will not unreasonably withhold his or her consent to an alteration or addition to the premises— (a) that is necessary to ensure the provision of infrastructure or a service of a prescribed kind; or (b) that is a minor alteration or addition; or (c) if the tenant has a disability within the meaning of the Equal Opportunity Act 1984—that is reasonable and necessary for the tenant and would not significantly change, or affect the structure of, the premises; or (d) if the tenant has mobility or access needs relating to their age—that is reasonable and necessary for the tenant and would not significantly change, or affect the structure of, the premises. (1ab) Without limiting a landlord's right to refuse consent to an alteration or addition, the landlord may refuse consent if— (a) a valid notice of termination has been given to the tenant in connection with an imminent change of possession, use or ownership of the premises; or (b) the alteration or addition— (i) would significantly change the premises; or (ii) would require modifications to other premises or a part of the premises that the tenant uses in common with the landlord or another tenant of the landlord; or (iii) would result in noncompliance with any other Act or law; or (c) any action required to restore the premises to the condition the premises were in immediately before the alteration or addition is not reasonably practicable in the circumstances. (1b) Subsection (1) does not apply in relation to an alteration or addition required under a housing improvement order or a housing demolition order that the tenant has been authorised to carry out under section 19 of the Housing Improvement Act 2016 by the Minister responsible for the administration of that Act. (2) A tenant may remove a fixture affixed to the premises by the tenant unless its removal would cause damage to the premises. (2a) Unless otherwise agreed between the landlord and the tenant— (a) the cost of an alteration or addition to the premises made by the tenant is to be borne by the tenant; and (b) at the end of the tenancy, the tenant must return the premises to its former state as if the alteration or addition had not been made. (2b) Subsection (2a) applies regardless of whether the alteration or addition was made pursuant to a consent of the landlord or otherwise. (3) If a tenant causes damage to the premises by making an alteration or addition to the premises or by removing a fixture, the tenant must notify the landlord and, at the option of the landlord, repair the damage or compensate the landlord for the reasonable cost of repairing the damage.