A residential tenancy agreement in Western Australia contains a clause stating 'no pets allowed.' The tenant later acquires a certified assistance animal. What is the legal position?
Correct Answer
D) The assistance animal is not treated as a pet, so the no-pets clause does not apply
Certified assistance animals are exempt from no-pets clauses under disability discrimination legislation and residential tenancy laws. Landlords cannot refuse assistance animals or charge additional fees, as this would constitute discrimination against people with disabilities.
Why This Is the Correct Answer
Assistance animals are protected under disability discrimination and WA tenancy law, so a no-pets clause cannot be enforced against a genuine one.
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