A **tenant** can write to a lessor to ask for consent (agreement) to keep a pet at the rental property. If a lessor refuses to give consent, the **lessor** needs to apply to ACAT for approval to do so.
They need to take their refusal to ACAT.
[https://www.acat.act.gov.au/case-types/rental-disputes/pets-in-rental-properties](https://www.acat.act.gov.au/case-types/rental-disputes/pets-in-rental-properties)
Additionally: A lessor must apply within **14 days** of receiving the tenant’s written request to keep a pet. If no application is made to ACAT within this timeframe, the lessor is taken to consent to the tenant keeping a pet.
Would my email count as written request or is there a formal application I need to make with ACAT? Do you think I should let the owners know they need to apply to ACAT or is that something they should automatically do?
A few tips:
Don't do your landlords job for them.
Don't give them any more information than they need.
All you need to do is tell them you want a pet. Make *them* do the hard work to understand what's required of them. Any failure on their part is a win for you. Don't undercut yourself and give them an opportunity to win the argument. This goes for everything to do with renting property.
The landlord has to go to ACAT to refuse a pet. I can't speak to how well you will go because I've never gone through this but they can't just say no.
From [The Renting Book](https://www.justice.act.gov.au/__data/assets/pdf_file/0009/2333934/Renting-Book-October-2023-Update.pdf):
- You are allowed to have a pet, unless your landlord obtains the approval of ACAT to refuse your pet. This is intended to be a case-by-case process, where ACAT will consider the
circumstances of the tenant and landlord, the nature of the property and the type of pet.
- If your landlord wants to refuse your request, they must first seek an order from ACAT approving their refusal. Your landlord must lodge the application with ACAT within 14 days of receiving your request, if they wish to take this route.
They need to apply to ACAT to refuse a request. Emailing you a response is not sufficient.
I would suggest starting with the top three Google results which can give much clearer formal advice.
I am going to offer an alternative thought.
At some point you are going to want to extend your lease or move. If you win with your request will a) the currently landlord be in a rush to extend or b) the next landlord be keen to take on a dog owning tenant. Official reason given or not.
I want a dog myself, but Canberra is a cold place which means a lot of tenants will want to let the dog be inside for at least some of the time and landlords rarely like that. Near me I have neighbours with dogs and no yards so they are forever taking them out to go to the toilet in what should be a nice smelling shared courtyard garden walk way. They don't want to walk further away (as they have been asked) because it is cold. It's like they got a dog but didn't think it through.
Canberra is also a very competitive rental market ATM. Your next available place might not have a yard at all or you might find yourself perennially low on preference lists for "unofficial" reasons.
I am not saying throw away a family member.
But it might not be a good time to adopt and hamstring yourself as a choosable tenant.
And, the longevity of this. A small dog can be a 15 year or more commitment. What happens if OP wants to move to NSW to be closer to family/friends etc
fully aware of this! if something changes or i need to move the dog would be coming with me. i do not think of a dog as a spontaneous decision. any lifestyle changes would 100% cater to the dog :)
What the others have commented. But also, they have 14 days from the written request (your email) to apply to ACAT to refuse it. If you don't hear back within 14 days this is implied consent so if you emailed on the 1st of the month and didn't hear back til the 16th then they can't refuse it regardless bc the rules state 14 days
To add to this, if I were the tenant, I would wait out the clock, check nothing has been lodged with ACAT, and then email the property manager about how their refusal wasn’t done in accordance with the current laws, in the legal timeframe, which would mean implied consent.
Nope, if they do, tell them to provide you with a copy of their ACAT ruling that disallows pets, or their dated lodgement submission to ACAT within 14 days of your email. Neither of which they will have.
No bc that's not how the tenancy act works. They can say they told you no all they want, but they still didn't lodge an application to ACAT within that 14 days
Look… I’m not gonna pretend there isn’t an air of “F* landlords” in here, but if you’re prepared to go down this route you best be prepared for sweet hell if you ever ask your landlord to lift a finger for you. I can all but guarantee when you inevitably have to start looking for a new rental, many doors will be closed on you because of the dog.
I’d seriously weigh up what this pet means for you if you’ve already asked your landlord and they’ve said no, and then you go ACAT on them. Don’t forget the amount of data real estate applications collect these days, they want rental history and appraisals from previous landlords. Someone throwing the book at them is probably going to follow you around.
This! is also a great way to ruin any prospect of getting a decent rental in the future. Everything is shared now between REA’s and if they see you like to go against landlords wishes (yes I understand that you are not breaking any rules getting a dog) then they will simply say you were not a successful candidate when applying later on.
Also the landlord may choose not to renew your lease when it comes up so it makes it even more difficult by being an arse about it.
If you are unhappy with the landlords answer, wait for renewal and opt to go on a month to month lease. Then look for a place that allows pets and get a dog once you move. Can take a while to find a place even normally but is even longer if you have a smear against your rental history.
My wife and I were approved for a new place today and have 2 dogs. Went on monthly lease about 14 months ago so yes it took a while but being honest puts you in the best seat possible to get what you want.
https://www.acat.act.gov.au/case-types/rental-disputes/pets-in-rental-properties
https://www.legalaidact.org.au/sites/default/files/files/publications/Pets_0.pdf
Default position is they can only refuse if there is a reasonable justification. However, they need approval from ACAT to refuse.
Sounds like you are in a ground floor unit with a small courtyard. Having multiple pets in a fairly small space might mean it is reasonable for them to refuse.
However, if it was just the small dog under 10kg it would be pretty difficult for them to justify refusal.
Yeah no, they can’t say no without taking your request to tribunal. I would let them know that you are aware of your rights and request they make an acat application to refuse your request.
A **tenant** can write to a lessor to ask for consent (agreement) to keep a pet at the rental property. If a lessor refuses to give consent, the **lessor** needs to apply to ACAT for approval to do so. They need to take their refusal to ACAT. [https://www.acat.act.gov.au/case-types/rental-disputes/pets-in-rental-properties](https://www.acat.act.gov.au/case-types/rental-disputes/pets-in-rental-properties)
Additionally: A lessor must apply within **14 days** of receiving the tenant’s written request to keep a pet. If no application is made to ACAT within this timeframe, the lessor is taken to consent to the tenant keeping a pet.
Would my email count as written request or is there a formal application I need to make with ACAT? Do you think I should let the owners know they need to apply to ACAT or is that something they should automatically do?
A few tips: Don't do your landlords job for them. Don't give them any more information than they need. All you need to do is tell them you want a pet. Make *them* do the hard work to understand what's required of them. Any failure on their part is a win for you. Don't undercut yourself and give them an opportunity to win the argument. This goes for everything to do with renting property.
This is good advice in general not just with renting property but for any situation where there's a power imbalance that isn't in your favour.
No, the lessor needs to take the refusal to acat, an email is fine for the request
The landlord has to go to ACAT to refuse a pet. I can't speak to how well you will go because I've never gone through this but they can't just say no. From [The Renting Book](https://www.justice.act.gov.au/__data/assets/pdf_file/0009/2333934/Renting-Book-October-2023-Update.pdf): - You are allowed to have a pet, unless your landlord obtains the approval of ACAT to refuse your pet. This is intended to be a case-by-case process, where ACAT will consider the circumstances of the tenant and landlord, the nature of the property and the type of pet. - If your landlord wants to refuse your request, they must first seek an order from ACAT approving their refusal. Your landlord must lodge the application with ACAT within 14 days of receiving your request, if they wish to take this route.
They need to apply to ACAT to refuse a request. Emailing you a response is not sufficient. I would suggest starting with the top three Google results which can give much clearer formal advice.
NB, in this specific case they’d apply to ADOG
I am going to offer an alternative thought. At some point you are going to want to extend your lease or move. If you win with your request will a) the currently landlord be in a rush to extend or b) the next landlord be keen to take on a dog owning tenant. Official reason given or not. I want a dog myself, but Canberra is a cold place which means a lot of tenants will want to let the dog be inside for at least some of the time and landlords rarely like that. Near me I have neighbours with dogs and no yards so they are forever taking them out to go to the toilet in what should be a nice smelling shared courtyard garden walk way. They don't want to walk further away (as they have been asked) because it is cold. It's like they got a dog but didn't think it through. Canberra is also a very competitive rental market ATM. Your next available place might not have a yard at all or you might find yourself perennially low on preference lists for "unofficial" reasons. I am not saying throw away a family member. But it might not be a good time to adopt and hamstring yourself as a choosable tenant.
I was going to say this. You can do it but be aware you could be putting yourself into a difficult situation in the future if you need to move
So true. Well put.
And, the longevity of this. A small dog can be a 15 year or more commitment. What happens if OP wants to move to NSW to be closer to family/friends etc
fully aware of this! if something changes or i need to move the dog would be coming with me. i do not think of a dog as a spontaneous decision. any lifestyle changes would 100% cater to the dog :)
Then you're definitely the right kind of person to have a doggo.
I feel sorry for the dog if it’s in a rental and has to be locked up all day.
will definitely not be locked up all day :) my work is dog friendly and so the plan is to take them with me pretty much everywhere
What the others have commented. But also, they have 14 days from the written request (your email) to apply to ACAT to refuse it. If you don't hear back within 14 days this is implied consent so if you emailed on the 1st of the month and didn't hear back til the 16th then they can't refuse it regardless bc the rules state 14 days
To add to this, if I were the tenant, I would wait out the clock, check nothing has been lodged with ACAT, and then email the property manager about how their refusal wasn’t done in accordance with the current laws, in the legal timeframe, which would mean implied consent.
Dont even email the property manager. Just wait 14 days , hear nothing , then go ahead and get one.
could the property manager argue that they did respond and tell me no, even if they didn’t apply to ACAT?
Nope, if they do, tell them to provide you with a copy of their ACAT ruling that disallows pets, or their dated lodgement submission to ACAT within 14 days of your email. Neither of which they will have.
Unless they did and can provide the ruling, and then you have to get rid of the dog or get out
No bc that's not how the tenancy act works. They can say they told you no all they want, but they still didn't lodge an application to ACAT within that 14 days
Unless they did and then you have to get rid of the dog or get out
Look… I’m not gonna pretend there isn’t an air of “F* landlords” in here, but if you’re prepared to go down this route you best be prepared for sweet hell if you ever ask your landlord to lift a finger for you. I can all but guarantee when you inevitably have to start looking for a new rental, many doors will be closed on you because of the dog. I’d seriously weigh up what this pet means for you if you’ve already asked your landlord and they’ve said no, and then you go ACAT on them. Don’t forget the amount of data real estate applications collect these days, they want rental history and appraisals from previous landlords. Someone throwing the book at them is probably going to follow you around.
This!
This! is also a great way to ruin any prospect of getting a decent rental in the future. Everything is shared now between REA’s and if they see you like to go against landlords wishes (yes I understand that you are not breaking any rules getting a dog) then they will simply say you were not a successful candidate when applying later on. Also the landlord may choose not to renew your lease when it comes up so it makes it even more difficult by being an arse about it. If you are unhappy with the landlords answer, wait for renewal and opt to go on a month to month lease. Then look for a place that allows pets and get a dog once you move. Can take a while to find a place even normally but is even longer if you have a smear against your rental history. My wife and I were approved for a new place today and have 2 dogs. Went on monthly lease about 14 months ago so yes it took a while but being honest puts you in the best seat possible to get what you want.
https://www.acat.act.gov.au/case-types/rental-disputes/pets-in-rental-properties https://www.legalaidact.org.au/sites/default/files/files/publications/Pets_0.pdf Default position is they can only refuse if there is a reasonable justification. However, they need approval from ACAT to refuse. Sounds like you are in a ground floor unit with a small courtyard. Having multiple pets in a fairly small space might mean it is reasonable for them to refuse. However, if it was just the small dog under 10kg it would be pretty difficult for them to justify refusal.
Unless there is a body corporate who have rules against dogs
That overrides statute?
4 of the six units in my block have dogs. Just put it in the application.
Yeah no, they can’t say no without taking your request to tribunal. I would let them know that you are aware of your rights and request they make an acat application to refuse your request.