Reason for breaking the lease: Neighbour's dog killed tenants' pets

[monster24]

my property manager just called me that our tenants want to break the lease (2 months to go). The reason: The dog from the next door neighbour's has apparently killed their guinea pigs, threatend the cat, got on the property and even threatend the tenants themselves. As this is a serious matter I am not sure if this is sufficient to break the lease without any further financial committments. Apparently they have complained at local Council but it's unlikely that something is happening.

So, what do you guys think. Can my tenants break the lease without paying because of the next door neighbour's dog ? If they go to court would they win?

Cheers

 

[wylie]

I would not think so, but give the RTA a call. They have always been able to answer any curly ones we have thrown at them.

 

[Pushka]

Hmm, I think they have had a rough time of it. The business sense tells me no, the humanity says, let them! Perhaps split the costs? I dunno, I will probably get labelled as a softie for this. It is that old chestnut - legal versus moral. But I would be doing something about that dog for your next tenants though.

 

[deejay]

Given that they haven't got long to go, and it's a traumatic situation, I'd consider letting them go on a couple of week's notice. Hell, you might get an early rent rise out of it. But I'd also be talking to my insurer. NRMA gives landlord policyholders free legal support and I'd be asking their lawyers if they would consider writing a strongly worded letter to the neighbours, as a pre-emptive strike.

 

[Casserole Dish]

Thats truly awful.

If they have been threatened or feel threatened themselves by the neighbours dog (and it's got on to their property - read YOUR property) then it goes further than being a softy about it. I bet there's more to the story than just the poor guinea pigs too. Unfortunately the type of humans that own these types of dogs are a dangerous breed themselves.

The local council are usually fairly useless in these situations but your tenants have at least tried. It's sad that they see the whole thing as being so bad that they have to now break the lease. I hope there aren't any children - this sort of thing gives me nightmares. Maybe the local police should be contacted if the dog is really dangerous?

Sorry no suggestions as to what to do re: the money side of things.

 

[marg4000]

Can you compromise and release them one month early?

Our son was renting with friends in Brisbane when they were the victims of a particularly nasty burglary. The police were not sure if it was targeted at one of them, so advised them not to return to the house and gave them a letter for the owner supporting their break lease request.

They were allowed to break the lease with a month's notice (i.e., 4 weeks rent after they had moved out).
Marg

 

[Collector]

I would be asking how did the neighbours dog get on to the property?

I think you should be addressing this as a matter of urgency - is there a problem with the fencing - did the dog simply walk into the backyard?

I think that you have some liability issues if the dog was to attack the tenant.


In this situation I would let the tenant walk - fix the problem that dog can no longer get onto the property and re let it.

 

[RumpledElf]

The local council are usually fairly useless in these situations but your tenants have at least tried.

Change the situation. Council can't take the dog from the owners without a court order, but they can collect a roaming dog. Roaming = not in its own yard, and photographic evidence counts.

When my neighbour's (unregistered/undesexed/inbred) dog was regularly hopping my fence, eating my washing, digging up my yard, killing my chickens etc (the biggest etc being killing someone else's small fluffy white dog and leaving its body in MY yard, which you can imagine the owner wasn't happy about), we trapped it in our backyard and council took it away. The dog catcher thanked us profusely, it had maimed another dog and was terrorising other people too. Not bad for an 8 month old pregnant dog.

The neighbours are not allowed to keep that breed of dog, apparently, and it was about the 4th they had taken away. Nothing stopping them getting it back from the pound but apparently they never do.

ETA: tall fences don't do much. Ours was about 8 or so feet (regular fence with half sheets stuck onto the top to heighten it), the dog was jumping up vertically, hooking her feet over the top, and hauling herself over it. Very undignified, but effective.

 

[Leikela]

I'd let them out of the lease too, especially seeing as there's only 2 months to go. However I agree you need to fix the problem, otherwise you could end up in a similiar situation with the next lot of tenants. Owners who don't control their pets really anger me, and that includes those who take them for walks and runs in the park (there are certain parks for unleased dogs - find them!) without leads. To them their big ugly dog might be cute and "harmless" (until it eats someone), but to me, taking my 2 year old nephew for a walk in the park with my tiny chihuahua, it's a danger and completely selfish. I really wish councils would get tougher on unleashed pets and I think the penalties should be more severe on the owner when a pet does harm another animal or person.

 

[msplants]

Well there is something called common sense and good will.

I would just let them out of the lease and solve the problem with the neighbor's dog. Shotgun

You could be sued for something that happens on a property you own.

 

[monster24]

thanks for all your input. during the day I have agreed with the tenant that they can break the lease if they find another tenant. so, that's good news.

the problem with the dog remains. makes me really sick, that people out there breed this type of dangerous dogs. if i imagine our next tenant is a family with kids - that makes me really concerned. I think to contact police is a good idea. council is completely useless. or i need to get my solicitor involved. not sure if any chance but i think not to do anything isn't right.

thanks again for your input.
cheers
thomas

 

[Pushka]

thanks for all your input. during the day I have agreed with the tenant that they can break the lease if they find another tenant. so, that's good news.

But that is similar to what normally happens when you leave a lease early, so really, you havent done them any good 'favours'.

 

[geoffw]

The laws in NSW are that the tenant who breaks a lease must pay the rent until a new tenant starts paying and relet costs. But the catch is that it must be at the same rent- and the new tenant is locked into that rent for the remainder of the lease. So if you wish to raise the rentyou may have to let the tenant off paying the break costs.

 

[john]

I would let them go without penalty and fix the fence so no dogs/humans can get in uninvited- otherwise this problem is sure to raise its head again. To attract good tenants you have to offer good security - nothing less. And, I have always found that tenants who look after their pets also tend to look after my IP's- which is why I am a pet friendly LL.

 

[kathryn d]

Maybe you can add that thorny plant on top of the fence, so a dog will not want to climb up?(it was talked about in another thread)

 

[josko]

my property manager just called me that our tenants want to break the lease (2 months to go). The reason: The dog from the next door neighbour's has apparently killed their guinea pigs, threatend the cat, got on the property and even threatend the tenants themselves. As this is a serious matter I am not sure if this is sufficient to break the lease without any further financial committments. Apparently they have complained at local Council but it's unlikely that something is happening.

So, what do you guys think. Can my tenants break the lease without paying because of the next door neighbour's dog ? If they go to court would they win?

Cheers

I think this comes down to how you would feel in their situation.

Business is business but I think this is an unfortunate circumstance and I would tell the agent to start trying to find new tenants.

However, if I was you I would be making a complaint to Council yourself. I would be knocking on neighboring doors, explaining the situation and getting a petition signed.

I would then find out who your local member is and keep sending him/her letters.

Like a dog with a bone, I would stick with this becasue it is your livelihood that is being threatened.....not to mention your poor tenants.

Regards JO

 

[lizzie]

years ago i had a husky that was a classic escape artist. he would do the same - take a running jump, get his front paws over the top of the 6 foot fence, scrabble his back paws until he got enough traction and then he was over and off!

nothing worked - until - i strung strands of wire just over the top of the fence and because he couldn't see them properly during his run up, it would baulk him. he never got out after that.

i agree - i hate dogs that are not controlled (even as a dog owner). i used to live in a street with two staffy's that, when they both got out, would pack and attack. the owners thought they were wonderful dogs and so funny ... not funny for the rest of us with little kids.

 

[Peter_Tersteeg]

Let the tenant go. They could argue that you're in breach of the lease as they don't have 'quiet enjoyment of the property' or something like that. Whilst you might have a reasonable case, I doubt it would ever fly in a tribunal where a tenant feels physically threatened and has a hamster corpse as evidence.

I'd also take this up with the neighbor. Say it to them face to face, but deliver a written note as well - neighbors get annoyed at anonymous written complaints shoved under the door, and are less likely to help you out unless you talk to them.

 

[RumpledElf]

with two staffy's that, when they both got out, would pack and attack.

What *is* it with staffys? That's the breed my old neighbours aren't allowed to have but they insist on keeping.

 

[Leikela]

What *is* it with staffys? That's the breed my old neighbours aren't allowed to have but they insist on keeping.

No idea, they are very popular but I personally think they are disgusting! And people have them around their young children because they trust them with them...