Tenants keeping 2 massive dogs - breach of lease

[MsAli]

Hi All,

Just happened to drive past our house that we purchased in Feb earlier today. The property got tenanted post settlement. It's rented ~$40-$50 below market rent as a) we wanted to rent the property fast b) had personal reasons with potential to vacate by early next year.

So we stopped across the road...and there came running two massive dogs. Clearly dogs have a sense to know even of someone is outside. Though I don't know enough about dogs in general. The concern is, this is a breach of lease.

Can't really say the PM wasn't careful as how are they to know if tenants are keeping pets.

What do people do in these circumstances apart from giving a termination notice?

Thanks,
MsAli

 

[DaveM]

Is this the house in Mounty that I had a squiz at?

Massive dogs doesnt automatically equal slobbering killers... my dog is massive and is the gentlest quietest dog I have met.

As for termination... contact PM and advise them of dogs, have them address it. If they are not causing issues or damage, then consider keeping the tenants. Most tenants with animals have to hide them as few landlords are pet friendly. By joiniing the ranks of pet friendly landlords you can likely achieve higher than market rent, and have tenants which stay on longer as they know how hard it can be to get pet friendly rentals

 

[MsAli]

Is this the house in Mounty that I had a squiz at?

Massive dogs doesnt automatically equal slobbering killers... my dog is massive and is the gentlest quietest dog I have met.

As for termination... contact PM and advise them of dogs, have them address it. If they are not causing issues or damage, then consider keeping the tenants. Most tenants with animals have to hide them as few landlords are pet friendly. By joiniing the ranks of pet friendly landlords you can likely achieve higher than market rent, and have tenants which stay on longer as they know how hard it can be to get pet friendly rentals

Nah this is the latest purchase. I've asked the PM to advise what needs to be done APART from Termination as the first thing she mentions with every issue is "termination notice"...

 

[beachgurl]

Is this the one you're doing a knockdown rebuild on?

 

[MsAli]

Is this the one you're doing a knockdown rebuild on?

Yup that's the one, beachgurl

 

[Rolf Latham]

perhaps let it go since the condition of the place on exit wont matter much ?

ta
rolf

 

[MsAli]

perhaps let it go since the condition of the place on exit wont matter much ?

ta
rolf

It does matter Rolf. The kitchen & carpet are new...

 

[Rolf Latham]

k

they can obviously be sold better if in good condition when doing the knockdown

ta
rolf

 

[jameso]

Get the pm to do an inspection and check if the dogs are going inside? Damage?
Can you lift the rent closer to market value?

 

[beachgurl]

Tell the PM to let them know the owner knows about the dogs and add them to the lease. Tell owners if any evidence that dogs are in the house they will lose their bond

 

[MsAli]

Thanks guys. Would definitely want the rent adjusted due to this. Is that possible while still in lease?

Beachgurl..I don't follow that. Are you saying tenants be told that they will lose their bond altogether?

 

[Perp]

Tell owners if any evidence that dogs are in the house they will lose their bond

You can't say that in advance just for having the dogs in the house, and doing so would really hurt your case if it goes to Tribunal. You can only claim against bond for actual damage caused, and you don't yet have proof of any damage.

Thanks guys. Would definitely want the rent adjusted due to this. Is that possible while still in lease?

Beachgurl..I don't follow that. Are you saying tenants be told that they will lose their bond altogether?

You can't adjust the lease due to having dogs, no. Whether it would have played a factor in the rent you'd have set at the outset is irrelevant.

The most you can do is issue a breach notice and ask them to apply for permission to have dogs, which the law pretty much forces you to grant in any case. :/

 

[beachgurl]

I have had a lease amended to add dogs and to state that they would be liable for any damage done by them

 

[datto]

I can't understand the mentality of some tenants. You give em an inch and they take a mile. Obviously they don't give a rats. They got cheap rent and now they (dog) sheet on ya.

I'll be getting the termination notice out pronto express. No ifs no buts. These sort of tenants should be knocked from pillar to post and out of the rental game all together. Hope I don't come across too harsh.

 

[D.T.]

It's being bulldozed soon anyway right?

 

[property_girl]

I had the same issue: a place that I was going to knock down; rented it at a reduced price to a couple and baby. Then the woman's brother moved in and then they got a big dog. I didn't care as I knew the place was going to get knocked down when they moved out. I wouldn't do anything and let them have their dogs.

 

[MsAli]

Thanks all for your responses.

Have told the PM to advise tenants that we are aware of the dogs and to add these to the lease. As well as conditions around carpet cleaning & flea treatment + they will be liable for any exterior and interior damage.

 

[thatbum]

Thanks all for your responses.

Have told the PM to advise tenants that we are aware of the dogs and to add these to the lease. As well as conditions around carpet cleaning & flea treatment + they will be liable for any exterior and interior damage.

There's no point adding them to the lease since that is the default position anyway.

 

[MsAli]

There's no point adding them to the lease since that is the default position anyway.

Need to cover things like fleas treatment, carpet cleaning, potential damage..

 

[thatbum]

Need to cover things like fleas treatment, carpet cleaning, potential damage..

Pretty much covered under the default terms.

I didn't think you could contract out of the default position in NSW anyway.