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Unreasonable refusal of pet application?
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NM2018
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04/12/2018 - 2:53 pm
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Hi All!

 

So, my application for an extremely nice unit in the Concord area of NSW has been accepted, I am extremely excited to say the least! On inspection and upon approval of my application, was approval for my pet to reside with me by the agent and obviously the owner. ( a bit of background, I have lived in the same apartment for 5 years now and bought my Pomeranian when I first moved in 5 years ago, so he is house trained and has never had a complaint against him ).

 

I have placed application to the strata for approval of having a pet (previous tenant also had a dog as confirmed by the agent on inspection of the property ). Strata refused my application based on issues they had with the previous tenants dogs. Now, after several emails going backwards and forwards (majority being replied by the strata within a short time frame and discrepancies proving they haven’t even acknowledged my application properly) they are still refusing the application based on previous tenants. They have advised the following

 

“….under no circumstances are ***management to allow any prospective tenants in apartment 1 to house a dog. This was due to the recent problems with the former tenant moving out due to issues with their dog and also with the past problems since 2014, where the tenant’s dog caused major problems which triggered the Breakfast Point Community Association to intervene, no approval will be granted for a dog in unit 1.

This information was conveyed you the release estate agent and then should have been filtered to yourself. Confirming the dog is NOT approved.

As per my previous email, should any attempt be made to move in with the dog, the Strata Committee will lodge an application immediately with NCAT for the immediate removal of the dog.”

 

Could someone please help!! this to me seems to be an unreasonable refusal.

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kaindub
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04/12/2018 - 5:56 pm
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What a mess.

Firstly the agent or landlord has a problem as they approved your dog. They should have made approval of the dog conditional on the OC approving the dog.

Get back on this point later.

If you move in with your dog without approval, you will be in breach of a bylaw. That also means you are in breach of your lease so the landlord can terminate your lease. You don’t want that.

Can you leave your dog with a friend for a short period? If that’s impossible then put it on the landlord to pay for temporary dog housing. Since the landlord approved your dog, it seems reasonable that he pays for the interim dog accomodation. OR they reduce your rent a similar amount to the dog accomodation because you expect to house your dog as part of the tenancy.

Your lease should have a copy of the bylaws attached. Find the pet clause and read it. Does it say that reasonable approval cannot be refused. If that is not in the bylaw it becomes a little trickier.

Next you need to apply to NCAT . The basis of your application is that reasonable approval has not been granted.

That a previous tenant had a nuisance dog is irrelevant in your application to the OC. It seems that someone just doesn’t like dogs.

Support your application to NCAT with references for your dog.

From what I have read NCAT is accepting that pets are part of everyday living and overturning unreasonable refusals for pets

Only after you get NCAT ruling in your favour can you move your dog in.

If you don’t get approval the landlord has a problem. He would be in breach of the lease and you may able to get some compensation to move. But that’s another forum.

Good luck

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Jimmy-T
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05/12/2018 - 12:11 am
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Kaindub’s post would make sense, but … NCAT has at least twice this year ruled that blanket by-laws banning pets are harsh and unconscionable. 

This one would almost certainly fall under that ruling as this owner’s dog is being judged on the behaviour of another dog and another owner.

Let them threaten you with NCAT all they like … in the current climate they are far from guaranteed to win

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