Two Tasmanian landlords who feared a dog would wreck their prized garden have lost their bid to keep the pet out, after a tribunal found their concerns were based on speculation rather than evidence.
The Tasmanian Civil and Administrative Tribunal (TASCAT) ruled late last month that the tenants could keep a small to medium dog at the home they rent.
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The landlords’ main concern was their established garden, which one of them said was the reason they bought the 1950s property.
“There is no fencing to stop a dog from entering the garden and it is not realistic to expect that the dog won’t enter the garden either to patrol the perimeter, roll on ground cover, dig, defecate or urinate as it has nowhere else to go,” the landlord said.
“The damage a dog could do to the garden, especially in the first few months as it is learning new territory and behaviour boundaries could be significant.”
The tenants had asked to buy a small dog, preferably a Blue Staffordshire Terrier aged one to one and a half years, from a registered breeder.
The landlords refused consent and applied to the tribunal to defend that refusal.
Under laws that started in March, renters have a presumed right to keep a pet unless the landlord can show a reasonable ground to refuse.
The tribunal was not satisfied a dog of that size would cause damage beyond reasonable wear and tear.
“Genuine concern and speculation as to what damage a dog could cause was raised … but no evidence that this is probable has been submitted,” the tribunal said.
The dog must not exceed 15 kilograms.
