Going to court can be daunting for both tenants and landlords. However, the introduction of a dispute resolution process, known as "Commissioner Determinations," has made it easier for people to resolve disputes over keeping a pet and making minor changes to rental homes without the stress of a courtroom battle.
Since July last year, tenants have been able to keep a pet and make minor modifications to their rental homes, with the landlord only allowed to refuse under specific circumstances.
For example, a request to have a dog could be refused if it would break a strata by-law to keep one. A minor change to a property that would disturb asbestos can also be refused.
If a landlord wants to refuse a pet or a small change to the home for reasons other than those allowed, they must apply to the Commissioner for Consumer Protection to make a ruling – in other words make a Commissioner Determination. The tenant and landlord can make their case easily online and they’re both invited to provide evidence to support their views.
All people involved receive a detailed written reason for the decision the Commissioner makes. So tenants, property managers and landlords can better understand how the Commissioner arrives at these decisions, Consumer Protection has published some of the decisions online.
A recent decision was made in favour of a tenant requesting to keep a small dog. The landlord applied to the Commissioner to refuse the one-and-a-half-year-old miniature schnauzer based on the property not being suitable and keeping the pet would likely cause damage which will cost more than the bond to repair. They supplied photos of premises and a quote for the repair to the jarrah floors as evidence. The tenant supplied photos of rugs they are using to protect the floors and a letter from a dog groomer confirming the dog’s nails are clipped regularly.
The Commissioner said in her ruling she was satisfied the property was suitable for keeping a pet given it had a fully fenced backyard. While acknowledging there are jarrah floorboards throughout the entire home, the Commissioner did not accept the $5,412 quote for restoring the floors in every room. No evidence was provided to suggest a small dog would cause that level of damage. The tenant also agreed to buy more rugs to protect the floors so with this the Commissioner was not satisfied the dog would cause damage exceeding the cost of the bond.
Publishing the details of decision such as that aims to give clarity for others using the Commissioner Determinations process.
A comprehensive set of guidelines has also been published on the Consumer Protection website. These will help tenants, landlords and property managers to understand what steps each party is responsible for taking in the process and what factors the Commissioner considers when deciding whether a landlord’s condition is reasonable.
There are also Commissioner Determination Guidelines for keeping a pet in a rental home, which can be viewed by the public.
The Commissioner’s decision isn’t the end of the road. If the tenant or landlord is unhappy with the decision, they can appeal it in the Magistrate Court.
If you require more information head to consumerprotection.wa.gov.au or call 1300 30 40 54.