Renters’ choice: the pet or the place?

The Hunter region’s tough rental market has led to a dramatic increase in animal surrenders. 

Residents already displaced by a lack of rentals in the Hunter region are experiencing further heartbreak as they have no choice but to relinquish their pets to improve their chances of finding a home. 

Animal rescue organisation Dog Rescue Newcastle (DRN) is reporting that the gulf between pet owners and rentals means an increasing number of Hunter residents are facing involuntary separation from their beloved pets.

“That is one of the number one reasons people are surrendering at the moment; they’re choosing somewhere to live over keeping their animal,” DRN’s Jesse Reinhard said. 

At the moment, the organisation’s rescue animal intake comprises “60 to 70 per cent of private surrenders”, while “the other 30 to 40 per cent are pulled from death row pounds.”

Reinhard said that surrenders may be the result of “behavioural issues, dogs being dumped or domestic violence”, however, the vast majority were a consequence of rentals in the region not allowing pets.

He said the organisation’s surrender team was “getting hit up every day”.

For some locals where surrender isn’t an option, they’ve made the desperate move to live out of their cars to retain their animals.

“People are choosing between living in their car and keeping their dogs, or having a house with no dogs. That’s where it’s at at the moment.”

The rental market in the Hunter has been notoriously competitive recently. Agents have said this comes as a result of a mass exodus from Sydney and the Central Coast during the COVID-19 pandemic. 

Landlords across the region have sold their homes to people with owner-occupant intentions, squeezing the rental market and contributing to the rental shortages.

Surrenders have “been pretty consistent” at DRN for the past 12 months, however, they have soared in the past three months. 

It’s not only the undersupply of available properties that is the challenge for residents but the competitiveness that exists as real estate agents have a larger pool of tenants to choose from. 

Among the many applications, “if you’re the ones with a dog you’re at the bottom of the pile,” Reinhard said. 

“We’re getting a lot of people saying I have to give my dog up because I can’t find somewhere to live, or we have to move and I can’t take him with me because we’re not allowed pets.”

Pet owners want a fair chance

Reinhard said there was approximately one pet in every three homes in the Hunter, and people have reported being offered rental housing if they promised to relinquish their animals.

He said a lot of the animals “come from lovely homes wanting the best for their pet. People recognise that they can’t give the best life for that animal and it’s a better decision for them to give them up so that we can find them a better home”. 

His comments come after data emerged that renters with families and young children do more damage than renters with dogs.

“You’re responsible for a house whether you’ve got kids or dogs or horses. Somehow, pet owners get a bad rap” because “landlords often perceive renters with pets as more of a liability and more of a risk to the property,” Reinhard said. 

“Long term, something needs to be done to give everyone a fighting chance because there’s a lot of amazing people and families who have pets and who are responsible pet owners that do the right thing, but unfortunately it’s the one per cent that end up ruining it for everybody else.”

He said that all rental properties should be pet friendly upon application, and “judgement should be based on rental history, references and ability to pay”.

“Everybody should be given a fair chance.” 

And while Reinhard said laws must be reformed, he’s not sure it would be enough to bring about real change. 

“At the end of the day, if somebody doesn’t want pets in their building, they just don’t pick that person, regardless of if it’s legislation or not.”

While 32 per cent of households in Australia are rentals, less than 10 per cent of rental properties are advertised as pet friendly. 

This is a reality that Nicole Grgas at Hunter Tenants’ Advice and Advocacy Service (HTAAS) said must change. 

As coordinator at HTAAS, Grgas said the service was experiencing an increase in calls seeking advice on the matter, as landlords increasingly prohibit pets due to perceived risks.

“A lot of people end up in their cars because they’re unable to find housing and don’t want to relinquish pets because they’re family,” she said.

Grgas said the issue was “concerning not only because a large proportion of our community are renters, but because they are being prevented from having a pet, which can improve people’s mental health and wellbeing.”

“A lot of people say their pet is their comfort,” she said. 

In a recent study in the US, approximately two-thirds of landlords cited property damage as a major animal concern, closely followed by noise.

It’s a fear Grgas feels is unjustified. 

“The things that landlords are worried about – damage, noise, they’re already covered by legislation. If you cause noise there are repercussions, if you cause damage there are repercussions. Landlords are protected regardless,” she said.

“There’s no good reason why we can’t change legislation to say a landlord can’t unreasonably refuse animals.

“We’re talking to a lot of people who have to move out. They’ve got no choice. The choice is either relinquish the pet or apply for a house.

“Laws say you can’t have a pet without written consent, and landlords can unreasonably withhold that consent in NSW. That’s where the problem lies.”

Updated legislation overdue

While there is no direction in the Residential Tenancies Act 2010 (NSW) prohibiting a renter from keeping a pet, most residential tenancy agreements contain clauses relating to pet ownership, whereby many landlords prohibit pets entirely. 

In the standard residential tenancy agreement issued by Fair Trading NSW, there is an optional term requiring the landlord’s consent of a pet, restrictions on the type of animal, and on end-of-lease matters such as professional cleaning of carpeted areas. 

Under current tenancy law, there is no specific ban on landlords including these clauses. 

In a recent legislative development on pet ownership, a unanimous decision by the Court of Appeal in October 2020 deemed pets now officially permitted in every NSW apartment block, by law.

The court found that strata by-laws that banned pets were invalid as they breached NSW strata scheme legislation. A blanket ban on pets, the judges found, was “harsh, unconscionable” and “oppressive”.

Following the decision, no apartment or townhouse complex in NSW can enforce a “blanket ban” on pets. However, restrictive by-laws implemented by strata may restrict more specific things like “noisy dogs” or “multiple animals”. 

The broader residential laws and simple need for pet owners to access secure and reliable homes have led many to demand the State Government introduce more inclusive housing and policy. 

“At the end of the day it’s about the government in power, and certainly the Tenants’ Union in NSW have been working on pets’ issues and continues to do that,” Grgas said.

“If people have the capacity, it’s worthwhile talking to the local state MP about how blanket pet bans impact on the housing opportunity.”

State Member for Newcastle Tim Crakanthorp has agreed there must be an improvement on current legislation regarding tenancy and pets.

“There is definitely a balance that needs to be struck to allow more tenants to keep pets at properties, but to also give a landlord peace of mind that their property will not be damaged.”

Implementing a “pet bond is one possibility, while more frequent inspections or professional cleaning at the end of a tenancy could be others,” Crakanthorp said.

He said recent changes to legislation prohibiting discrimination against pets in strata by-laws has been a promising move for pet owners across the state.

“It’s a step in the right direction to give greater rights to pet owners as it recognises the important role pets can have in people’s lives.”

The MP also suggested NSW adopt a policy similar to that in Victoria, whereby landlords are unable to “unreasonably refuse consent to a renter wishing to keep a pet” and can only challenge this with approval from the Victorian Civil and Administrative Tribunal.

Landlords encouraged to be open-minded

Jade Tweedie, business development manager at First National Real Estate David Haggarty in Maitland, said that in her experience, 75 to 80 per cent of tenants had a pet.

“It is simply the way of life here; pets are a big part of people’s lives and families.”

Tweedie, who has 20 years of real estate experience in the Hunter, said tenants with pets didn’t deserve the reputation they had.

“I could count on one hand the issues I have experienced with pets, and, to be honest, it was minimal and rectified given [risk management factors] were all in place. I often hear of more damage being done by humans themselves than pets.”

Tweedie said for landlords with suitable properties, this “absolutely warrants the conversation” about considering tenants with pets.

“I would always recommend being open to at least assessing pets based on those factors such as references and CVs,” she said.

Tweedie pleaded with landlords to “ask your agent questions, educate yourself on what’s available to you to limit your risk. At the end of the day it really will broaden a landlord’s tenancy selection prospects as well.”

By disallowing pets, Jade said landlords could “potentially cut out 75 to 80 per cent of their selection market.”

Landlords are also diminishing their ability to secure long-term leasing outcomes. Studies have shown that tenants with pets stay longer term.

In a study in the US, tenants in pet-friendly rentals stayed an average of 46 months compared to 18 months for tenants residing in rentals prohibiting pets.

“There are plenty of great tenants out there with pets and I can personally also say there are often a handful of not so great tenants out there that don’t come with a pet that can cause way more concern than a good tenant with a pet,” Tweedie said.

Tips for renting with a pet:

1. Provide a CV for your pet: “I have seen tenants provide a mini resume on their pet. Often that can be appealing to a landlord that is a pet lover,” Jade Tweedie said. Nicole Grgas also recommended the strategy. She said “making a resume for your pets and providing a reference from a previous landlord” improves chances of pet acceptance.

2. Be honest and provide all information: Be prepared to offer all information regarding your pet, such as registration details, age and breed, Tweedie said. If the tenant “can be as open as possible and provide as much information and offer the above things, then they have the best chance of appealing to a landlord from the get go”.

3. Actions speak louder than words: Show the landlord you are a responsible pet owner. “Assure a landlord the pet will be an outside pet, offer to provide or install the necessary things if needed like adequate fencing or correct housing for the dog at the tenants’ cost.”

“These can all be things that show a landlord you are serious and understand your responsibilities as a tenant with a pet,” Tweedie said. She also recommended offering to sign a pet clause to limit the landlord’s liability for any potential damage.

Maia O’Connor