A Tasmanian renter has lost a bid to bring her rescue kitten into her unit, in the first test of the state’s new ‘pets in rentals’ tenancy laws.
The Tasmanian Civil and Administrative Tribunal (TASCAT) ruled on Thursday the landlord was within her rights to refuse consent for the kitten, Periwinkle, aged around six months, to move in.
It is the first case heard under rules that started in March, which give renters a presumed right to keep a pet unless the landlord has a reasonable ground to refuse.
The tribunal said it wanted to set out its thinking in full because the case was the first of its kind.
“This application is the first … to go to hearing and it may be useful to fully explore the issues arising in this case to assist future litigants,” the tribunal said.
The landlord argued the unit was not suitable for a kitten, pointing to nearby traffic and the lack of a yard.
The tribunal rejected those concerns as speculative, noting the cat would live indoors.
But the unit sits in a small strata complex where the body corporate’s rules require written approval to keep a pet – and approval had already been refused.
“In this case the body corporate has actually refused consent,” the tribunal said.
“The refusal by the applicant is consistent with the lawful position of the body corporate.”
The tribunal found the landlord’s refusal on that basis was a “reasonable refusal”.
The ruling also sets the bar for future disputes.
The tribunal said the word “reasonable” means what it says and landlords need a strong reason to refuse a pet beyond everyday annoyances.
They have to show the pet would likely cause real problems, such as damage beyond normal wear and tear or a serious safety risk.
The kitten is staying with a friend of the tenant for now.
