R & S Investments (Aust) Pty Ltd ACN 139 062 141 v Dal Piva & Anor (Residential Tenancies)

R & S Investments (Aust) Pty Ltd, a lessor, sought an order from the Australian Capital Territory Civil and Administrative Tribunal (ACAT) approving their refusal of their tenant’s application to keep an animal on the premises. The tenants had requested the lessor’s consent to keep their 3-month-old cavoodle puppy, Rohlson, in their unit in Turner. The lessor refused consent, citing concerns about scratches, damage to the floorboards, swelling or carpet damage from the puppy not being toilet trained, and a general belief that this kind of apartment was inappropriate for a dog. The tenants, in turn, argued that they would take all reasonable care to avoid damage and proposed that Rohlson would be crated, restrained from carpeted areas, and fed from bowls on latex mats.

The Tribunal had to determine whether the lessor’s refusal to consent to the tenants keeping the animal on the premises was appropriate. The relevant legislation required the Tribunal to consider the application under section 71AF(2) in accordance with the terms of section 71AF(3)(a)-(e) of the Residential Tenancies Act 1997. The Tribunal found that none of the matters under section 71AF(3)(a)-(e) were successfully made out. The Tribunal considered that the unit was not an unsuitable place to keep a small to medium-sized dog and that the tenants’ evidence suggested that they would take all reasonable care to avoid damage. The Tribunal ordered that the agent for the lessor conduct a baseline inspection of the flooring in the property before Rohlson moved in and that any damage caused by Rohlson be the responsibility of the tenants to repair or pay for. Rohlson could then move into the premises from 27 October 2021.