Tennant desputing landlord decision

[robboat]

The NSW companion animal act allows the tenant to have a companion animal in a rented dwelling.
No fighting that......
http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/s5.html

But - I try and be proactive with rentals by allowing an animal (1) to be on the premises and limiting the size (6-7kg) and type/description (small breed dog/short hair domestic cat, caged small bird species)
If they have a companion animal already then that animal is photographed and added to the lease.
They must be registered to be a companion animal....
There have been some issues with fleas on occasion but nothing that flea bombs and a good clean would not fix....at tenant expense.

So far no tenant problems as potential tenants appreciate having a clear definition of what is OK.
And they often stay longer as finding animal friendly accommodation is problematic.

 

[Perp]

The NSW companion animal act allows the tenant to have a companion animal in a rented dwelling.

Do you mean "assistance animal"? (Companion animal = any old pet.)

 

[fisherman]

The rights and comfort of the many tenants who do not want to live in digs that were once a pet kennel or a fume cupboard for a chain smoker are not being considered.

Many owners would be more positive about pet ownership if:

- the tenants reciprocated by keeping pets outdoors, which means they supply the kennel and not treat the house as one; and,

- the tenants produce satisfactory evidence from previous rentals.

It is like a car that has been used often for the transport of a dog or cat, you simply cannot get rid of all of the grime and smell. The value of the vehicle is forever substantially depreciated and the number of willing buyers decimated. Show me the carpet cleaner who will guarantee removal of (say) the protein from dog urine or from cat vomit. Can he remove the cat hair that has become interwoven in shag pile carpet? What tenant or cleaner will scrub all walls instead of just spot cleaning?

I disagree with thatbum on residential tenancy law always being the same as at present. Quite obviously in Queensland at least it changed considerably during the previous Labor governments, during Premier Anna Bligh's in particular, to favour the (perceived) most vulnerable welfare tenant for whom government was refusing to supply adequate government housing. No-one here would disagree with Perp's posts on this thread for example.

 

[Peterw]

I just did a search on the published decisions of QCAT, and could not find one that could assist. They were decisions on damage claims etc, but not one where a tenant was breached for bringing one against the terms of the tenancy.

 

[eek]

I had a similar problem when tenants said they'd have one cat and later requested a 'small' dog which would be enclosed in it's own fence, not touching the house or property fence.

After being constantly late on rent, then breaching contract terms, agent went to look and found they had two dogs, freely running around yard, destroying lawn, scratching up painted stairs/deck. Entire house smelt like wet dog. Requires scrubbing if not repainting.

There are tenants who are careful and request pets, then there are others who like to take advantage of that fact you let them and trash the house anyway.

 

[robboat]

Do you mean "assistance animal"? (Companion animal = any old pet.)

This link is to the specific terms and definitions of the Act.....
http://www.austlii.edu.au/au/legis/n...998174/s5.html

Covers guide dogs, private places, public places, dangerous dogs, nuisance dogs, cats, birds and the actual requirements of a "companion animal"......they must be registered and looked after under guidelines from the relevant state authority, RSPCA, etc.

In the end, the tenant can have an animal (regardless of a lease if they make official demand) - but it must be suitable for the property under the guidelines.

Hope this helps.

 

[Perp]

This link is to the specific terms and definitions of the Act.....
http://www.austlii.edu.au/au/legis/n...998174/s5.html

Covers guide dogs, private places, public places, dangerous dogs, nuisance dogs, cats, birds and the actual requirements of a "companion animal"......they must be registered and looked after under guidelines from the relevant state authority, RSPCA, etc.

In the end, the tenant can have an animal (regardless of a lease if they make official demand) - but it must be suitable for the property under the guidelines.

I'm a bit confused... where in the legislation is there a right for tenants to keep a pet in a rental property? I can see that it may be deemed discriminatory to refuse a disabled person their assistance animal, and I agree that in practice, landlords have pretty few grounds for refusal, but I'm not aware of - and didn't see in any of your links - any legislated right for tenants to keep companion animals.

 

[Dazz]

What would you do in this situation?

Hi Stu,

I would simply re-visit my initial objectives that you both wrote down when you purchased this investment.

If this action enhances those objectives, then carry on.

If this action hinders those objectives, then review the situation. If at the review, it pops up as minor, then carry on. If it pops up as major, then do something about it.

My same warning applies to all young property investors, anyone who decides to start playing a game without thoroughly reading the rule book of the game prior to playing is an absolute fool....and will pay a hefty toll.

My wife and I fell into that category, as do 99.99% of all investors. We paid a very heavy toll to reverse the investment vehicle once we found out we were on the wrong track.

In over 2 decades of investing, I'm yet to meet a single investor who read the rule book of the game before deciding to play the game....we only discover our houses are not ours, we only discover these agreements aren't worth the paper they are written on when these things happen.

It's weird to eventually come to the realisation that all of these laws (especially the new ones) and regulations and lawyers and tribunals and members presiding are all there for the Tenant's benefit, directly and negatively affecting your cashflows and capital gains.....the very reason you bought the "asset" in the first place.

Once you get your head around it, you eventually get to Wylie's position, where you shrug your shoulder's, pick up the shovel and wheelbarrow and mop and bucket and broom and paintbrush and start scrubbing and cleaning. I agree with her.

Trying to argue for your non-existent Landlord rights is a non-event. Much cheaper and quicker to muck in there and be the Tenant's slave when they have trashed the place and just left.

The difference between your perceived Landlord rights and your "actual-rubber-hit-the-road-what-will-the-Tribunal-member-actually-allow-me-to-do" rights is a massive chasm.

Stu, looks like this issue has awoken you just slightly to what you've chosen to get involved with. Good luck with your future investing choices !!

 

[wylie]

Once you get your head around it, you eventually get to Wylie's position, where you shrug your shoulder's, pick up the shovel and wheelbarrow and mop and bucket and broom and paintbrush and start scrubbing and cleaning. I agree with her.

Trying to argue for your non-existent Landlord rights is a non-event. Much cheaper and quicker to muck in there and be the Tenant's slave when they have trashed the place and just left.

Don't bring me into your little rant. My investing choices have been very good to us, made us a fair bit of money, and if that means I occasionally get on the mop, so be it.

I love renovating, and it puts dollars into our pockets.

We've just spent a weekend cleaning up our son's new purchase. He will make a lot of money on his latest purchase.

I seem to recall you were cleaning toilets a while back... that is something I don't have to do. So carry on with your choices Dazz.