Amendments to the Residential Tenancies Act 1995 (SA) (“RTA”) – keeping of pets
Posted on April 18, 2024
Often, Corporations will, through their articles or by-laws, impose restrictions that prevent residents from keeping pets, or alternatively, impose a strict process to obtain approval from the Corporation to keep pets. These types of articles and by-laws are subject to certain exceptions set out in the Strata Titles Act 1988 (SA) and Community Titles Act 1996 (SA).
A tenants’ right to keep pets at rental premises has been a topical issue for some time. Rental agreements are separate to the articles or by-laws of a Corporation, and so conflicts may arise between the terms of the rental agreement and the articles or by-laws of a Corporation.
The RTA, the legislation which regulates residential rental agreements in South Australia, is currently subject to amendment, with one of the keys changes relating to the keeping of pets. The change seeks to regulate and limit the circumstances in which a landlord can refuse a tenant from keeping a pet. Understandably, this change has been the cause of concern for body corporate managers, and how the changes to the RTA will impact upon current articles and by-laws which restrict pets.
The RTA amendments set out that it will not be unreasonable for a landlord to refuse consent to keep a pet if:
“keeping the pet would contravene a by-law or rule applying to the premises under this or any other Act or law”.
This wording will come as a relief to Corporations as it ensures that groups can continue to regulate the keeping of pets through its articles or by-laws (so long as an article or by-law restricting pets is in place).
The amendments also impose a 14-day timeframe for a landlord to respond to a tenant’s application to keep a pet. If the landlord does not respond, the application is “approved”, and such approval will stand until it is revoked by the landlord (which can occur at any time). The immediate issue with the imposition of a timeframe is the automatic approval of pets which may give rise to a conflict between the rental agreement and the articles or by-laws of the Corporation.
In light of these upcoming changes (due to be implemented later this year), if a Corporation does not already have articles or by-laws in place relating to keeping pets, now would be the opportune time to make the change.
Please contact us if you wish to discuss these changes, or have any other queries about amendments to articles and by-laws.
