The Fisheys Posted January 13, 2012 Share Posted January 13, 2012 Hi, Just wondering if anybody actually knows if it is actually enforcable in Australian Law for an owner to state "no pets," or, to try to evict you if you have pets. Link to comment Share on other sites More sharing options...
moirclan Posted January 13, 2012 Share Posted January 13, 2012 if pets were not agreed to in your lease agreement ,and they find you have them you have broken the llease conditions and yes you can be evicted http://www.petfriendlyrentals.com.au/blog/ maybe this site will help you a bit i own a villa which my dad lives in he would love a little dog but the strata has no pets built into it so there is nothing i can do , Link to comment Share on other sites More sharing options...
Love Shoes Posted January 13, 2012 Share Posted January 13, 2012 Thanks for the link about I am just looking at it now. Pet´s seem to be a real problem, I haven´t moved across yet, but have been doing some research and have read a few threads on PIO which have given me serious cause for concern. Cheers. Link to comment Share on other sites More sharing options...
Quinkla Posted January 14, 2012 Share Posted January 14, 2012 if pets were not agreed to in your lease agreement ,and they find you have them you have broken the llease conditions and yes you can be evicted http://www.petfriendlyrentals.com.au/blog/ maybe this site will help you a bit i own a villa which my dad lives in he would love a little dog but the strata has no pets built into it so there is nothing i can do , You are right, pets can be excluded in lease agreements. Strata properties is a different issue. They can set rules but under the most common types of strata the rules can be changed if owners collectively want them to be changed. Company strata is very difficult indeed. Link to comment Share on other sites More sharing options...
Quinkla Posted January 14, 2012 Share Posted January 14, 2012 Just found this on The Age website: http://theage.domain.com.au/real-estate-news/vet-pleads-for-landlords-to-allow-pets-20120111-1pv14.html It's a story from Queensland calling for more landlords to allow pets. Link to comment Share on other sites More sharing options...
Love Shoes Posted January 14, 2012 Share Posted January 14, 2012 Just found this on The Age website: http://theage.domain.com.au/real-estate-news/vet-pleads-for-landlords-to-allow-pets-20120111-1pv14.html It's a story from Queensland calling for more landlords to allow pets. Thanks for this, I will take a peek shortly. I am getting really worried, I can fully understand that some land lord´s have caught colds with tenants who own dogs and cats, but we are not all baddies. I won´t book anywhere off the internet, but will only have four weeks to find somewhere once I arrive. It may not be as bad as I think, but it is reading threads that makes me worry a bit. Link to comment Share on other sites More sharing options...
Love Shoes Posted January 14, 2012 Share Posted January 14, 2012 Just had a look at the link thanks, it is sad when people have to put a healthy pet to sleep. One thing I will say with honesty is that I will be returning to the UK PDQ rather than having my little furry friends put to sleep, I am beginning to have serious reservations now. :dull: I am hoping that this is going to be a new beginning for us, but I suspect that I may end up getting really stressed over this rental palaver. I hope not. I hope that where we are going is not hit by this problem, we have spoken via e-mail with a few agents, who say they have properties where pet´s are allowed, but what are they like. Thanks again for the link very useful. Link to comment Share on other sites More sharing options...
Love Shoes Posted January 14, 2012 Share Posted January 14, 2012 What is Strata properties?? Just wondering, never heard of it myself. I live in Spain and have heard of some urbanisations not allowing pets maybe this is the same thing?? Link to comment Share on other sites More sharing options...
Quinkla Posted January 14, 2012 Share Posted January 14, 2012 Strata properties are ways of common ownership of shared land. Sometimes a large piece of land is sold and developed with small houses called units or perhaps apartments. Owners may own their ineriors but share ownership of the driveways and exteriors. These will often have strict rules and the only way to change the rules is to get all the owners to agree. Rental properties in rural areas are more likely to allow pets. Newly decorated places are least likely to allow them. Link to comment Share on other sites More sharing options...
Love Shoes Posted January 14, 2012 Share Posted January 14, 2012 Strata properties are ways of common ownership of shared land. Sometimes a large piece of land is sold and developed with small houses called units or perhaps apartments. Owners may own their ineriors but share ownership of the driveways and exteriors. These will often have strict rules and the only way to change the rules is to get all the owners to agree. Rental properties in rural areas are more likely to allow pets. Newly decorated places are least likely to allow them. Thanks I thought it was actually something like that, like care homes that kind of thing. I am dreading looking for a rental, we are both fussy, but my OH is not as fussy as me, he is over before me but dare I say :wink: but I have very little faith in him finding a nice place. I think we may be buying sooner rather than later, buying has always been our plan, but obviously we want to make sure we are doing the right thing, plus also we are on a 457 until we apply for PR, saying that though we are going to save like mad and our plan is to buy for cash, but all best laid plans go awry :cry: Thanks again for your advice. I have done all my shoes now, just going to post a photo of before & after, now I am cleaning the bathroom as it stinks of Milton and looks a tad messy :wink: and then on with the kitchen stuff. No rest for the wicked LOL Link to comment Share on other sites More sharing options...
Quinkla Posted January 14, 2012 Share Posted January 14, 2012 A rental property will seem nice if you are happy in it - that's what matters. Good luck with saving and buying. Chances are that prices will fall while you are renting. One other thing is that tenancy lengths tend to be much firmer fixed here. There is no chance of breaking them early and landlords may expect you tonleave at the end of the tenancy, not stay on for caroling tenancy. It's helpful to try to find out the landlord's expectations at the outset. Link to comment Share on other sites More sharing options...
Love Shoes Posted January 14, 2012 Share Posted January 14, 2012 Thanks for that, funny really because when we took out our tenancy here we asked how long the land lord was thinking of renting for, especially as we have a house full of furniture. Never had we planned to move to OZ it is simply a case of following the work. If it all goes pear shaped I have a house in the UK which I could always move into as I doubt that that will sell in a long time. Hopefully it won´t go pear shaped and we will be happy and find a nice rental plus nice land lord, we are friendly with our current land lord and he is sorry to see us go, we are leaving behind quite a bit of stuff seeing as he has been so nice. I think I will ask him for a pet reference, but it will be in Spanish, but we can always get it translated. Link to comment Share on other sites More sharing options...
Eera Posted January 14, 2012 Share Posted January 14, 2012 I've posted this before, but will again. Landlord insurance normally excludes damage done to our properties by animals that are permitted to be there, so while we may be animal lovers ourselves, it's not worth our while allowing pets. People may say "oh, I'll pay for any damage" but it's not the point. Insurance companies will find ANY excuse to wrangle out of paying up, and the fact that one was inside would in all liklihood be regarded as enough to invalidate the policy for anything that may have th most tenuous connection to animals; in the case of any electrical motor blowing up on an installed item we'd be forced to prove that it wasn't cat hair causing it, for example. They really are that pedantic. If I knew my policy would be OK with paying up I'd be happy to let animals in, but I'm not going to risk my investment over it right now. Link to comment Share on other sites More sharing options...
JoandJon Posted January 14, 2012 Share Posted January 14, 2012 Sorry - whinge and moan coming.... I get really fed up with stories about people not being able to find somewhere to rent with a pet, I've rented with pets in Oz and the UK and really haven't found any difference in the availability. YES you need to be realistic about what property you look at, but just have a chat to the agent and make sure they know you've got 'an outside dog' and they will usually stear you in the right direction. Provide references, offer a pet-bond (although I've never needed to) and be just a bit more flexible about location. Houses with bright white carpets and brand-new everything would be a nightmare to keep clean anyway (even without pets) - so don't even look at them. Look for places with polished floors or tiles and good outside areas for a pet. When you're inspecting the property mention (within earshot of the agent) what place would be ideal for the kennel and have a look at the fences - maybe ask if the landlord would be ok with you improving the fencing at no cost to them. (definitely don't say your dog is an inside dog) Be nice, be polite and have information all ready for your application and go with it. Just be prepared to have a few knock-backs and keep your options open. It will be fine Link to comment Share on other sites More sharing options...
Love Shoes Posted January 15, 2012 Share Posted January 15, 2012 For anyone reading this thread I thought I would post a photo of my babies, they have never slept outside and I don´t fancy making them sleep outside, they are a part of our family. I get the impression that it all depends on where you are looking to rent a property, I am praying that we won´t have a problem, but only time will tell. JoandJohn your spot on about white carpets, I will be looking for a place with tiled / wooden floors no carpets at all if possible, i am now used to wooden / tiled floors and find them much easier to care for, yes they are a bit cold, but a few nice rugs dotted around does help make a huge difference. Thanks to everyone who has posted. Link to comment Share on other sites More sharing options...
Quinkla Posted January 15, 2012 Share Posted January 15, 2012 Lovely dogs Link to comment Share on other sites More sharing options...
Love Shoes Posted January 15, 2012 Share Posted January 15, 2012 Lovely dogs Thank you, they are so good. Their crates arrived yesterday, the youngest one has no idea what it is for, but the eldest knows the crack only too well, also when he see´s up packing I can see that look in his eyes. I just hope we can find a nice home for them, where they don´t have to sleep out doors, as I said yesterday I would return to the UK rather than have either one of my babies popped off to sleep, a poorly animal yes, over the years we have had three cat´s put to sleep due to illness, but to put a healthy animal to sleep is so cruel. :cry: Link to comment Share on other sites More sharing options...
Inthedeep Posted January 15, 2012 Share Posted January 15, 2012 I moved into a unit when i first got to Australia with no pets. My landlord owned all 3 units on the plot and the other 2 neighbours both had pets (one had 2 cats and another had a dog). I asked the agent if she could forsee a problem of us having a pet down the line to which she said no since the other renters had them. After 6 months we asked if we could have a dog, the landlord refused saying he believed the garden was too small for a pet. Now we were really pissed off about this as the other tenants had pets and we actually had the bigger house / garden of all 3 units. We only wanted a king charles too .. a small dog. Anyway we waited another 6 months, continued to be good tenants, paid our rent on time in full, improving the property inside and out of our own accord (whilst the other tenants moved out and the houses remained empty for weeks and months) and asked again if we could have a pet, to which we were refused once more. So we handed in our notice and moved to a property (which was not advertised as pet friendly) which we were successful in getting and also were allowed a pet. At the time i was working for VCAT and i had considered taking the landlord to the tribunal as i felt that permission was unreasonably witheld and they were restricting my ''quiet enjoyment'' of the property. However it was easier at that point to move on (since they had also requested a rent increase of 10% and were generally terrible landlords!) One thing i will say however is that in Victoria, the Residential Tenancies Act doesn't mention any rules on pets. The landlords & agents wuse the Real Estate Institute of Victoria's tenancy agreement which has the clause ''The tenant must not keep any animal, bird or other pet on the premises without first obtaining the written permission of the landlord or agent. Permission will not be unreasonably withheld'' when you sign your contract .. but .. like i said .. the actual LAW does not mention this. Havign worked in VCAT and having spoke to Tribunal members and colleagues in the RT list, i know that they are reluctant to make an order against a tenant with a pet (even if they agreed to the clause in the initial rental contract). A ruling has to be made on other grounds .. such as nuisance or causing a danger. Now if you are a responsible owner, i am sure that your pet won't be a nuisance or a danger and therefore whilst potentially fancing action at VCAT, should ultimately have nothing to worry about - whether it is right or not is a completely different matter and down to your own moral judgement. Link to comment Share on other sites More sharing options...
Inthedeep Posted January 15, 2012 Share Posted January 15, 2012 Hi, Just wondering if anybody actually knows if it is actually enforcable in Australian Law for an owner to state "no pets," or, to try to evict you if you have pets. Where are you moving to Fisheys? I would check the Residential Tenancy Act for the particular state as not all will be the same. However i believe some of the advice given out here is wrong - for instance in Victoria you cannot be evicted from your homw simply for owning a pet when your contract said you can't. I would direct you page 2 of this PDF file from the actual Civil Tribunal website. http://www.vcat.vic.gov.au/CA256902000FE154/Lookup/residential_tenancies_list/$file/answers_to_questions_asked_at_the_residential_tenancies_conference_18-4-07.pdf If a tenant moves into a property and does not notify the landlord he has a pet, then upon inspection, the agent finds a pet on the premises then what grounds do we have to make the tenant vacate or get rid of the pet? Answer : The only way it is permissible to terminate a residential tenancy is in accordance with Part 6 of the Residential Tenancies Act 1997. There is no notice to vacate on the specific grounds that the tenant has a pet. Section 248 cannot be relied upon either because the Tribunal cannot make a compliance order pursuant to section 209 of the Act, as there is also no duty provision with respect to the keeping of pets. If the animal damages the property or causes a nuisance however there may be a breach of a duty provision such that the sections may be of effect. In these circumstances, an order may be made for the removal of the pet and a failure to comply may result in an order being made pursuant to section 248. In any event a tenant will be liable to compensate the landlord for any damage done to the rented premises by an animal. As per my previous post, i believe that VCAT are very unlikely to make an order, in fact from memory a recent case proceeded to hearing where the owner was allowed to remain at the property with the pet with a few conditions to the contract. Now there is nothign stopping that landlord evicting the tenant when the lease comes to an end in the normal way (which i am sure they will do) as hiding a pet cannot really be good for landlord / tenant relations, however they cannot evict on the sole basis that you have a pet. Link to comment Share on other sites More sharing options...
Love Shoes Posted January 15, 2012 Share Posted January 15, 2012 Where are you moving to Fisheys? I would check the Residential Tenancy Act for the particular state as not all will be the same. However i believe some of the advice given out here is wrong - for instance in Victoria you cannot be evicted from your homw simply for owning a pet when your contract said you can't. I would direct you page 2 of this PDF file from the actual Civil Tribunal website. http://www.vcat.vic.gov.au/CA256902000FE154/Lookup/residential_tenancies_list/$file/answers_to_questions_asked_at_the_residential_tenancies_conference_18-4-07.pdf If a tenant moves into a property and does not notify the landlord he has a pet, then upon inspection, the agent finds a pet on the premises then what grounds do we have to make the tenant vacate or get rid of the pet? Answer : The only way it is permissible to terminate a residential tenancy is in accordance with Part 6 of the Residential Tenancies Act 1997. There is no notice to vacate on the specific grounds that the tenant has a pet. Section 248 cannot be relied upon either because the Tribunal cannot make a compliance order pursuant to section 209 of the Act, as there is also no duty provision with respect to the keeping of pets. If the animal damages the property or causes a nuisance however there may be a breach of a duty provision such that the sections may be of effect. In these circumstances, an order may be made for the removal of the pet and a failure to comply may result in an order being made pursuant to section 248. In any event a tenant will be liable to compensate the landlord for any damage done to the rented premises by an animal. As per my previous post, i believe that VCAT are very unlikely to make an order, in fact from memory a recent case proceeded to hearing where the owner was allowed to remain at the property with the pet with a few conditions to the contract. Now there is nothign stopping that landlord evicting the tenant when the lease comes to an end in the normal way (which i am sure they will do) as hiding a pet cannot really be good for landlord / tenant relations, however they cannot evict on the sole basis that you have a pet. Hi There, we´re off to Brisbane, the gold coast ..... never been there so all new to us. thanks. Link to comment Share on other sites More sharing options...
Inthedeep Posted January 15, 2012 Share Posted January 15, 2012 PS - Good luck to everyone in this situation. My advice is to be honest and speak to the agent .. i am now in a lovely house, happy that with my 2 babies and no issues from the landlord. They are outside when we are out but sleep on my bed at night. We have put rugs down and they haven't damaged the house at all .. in fact i think we are far more likely to cause damage than my boys. If you're a responsible owner then there should be no issues really. [ATTACH=CONFIG]11308[/ATTACH] Link to comment Share on other sites More sharing options...
Love Shoes Posted January 15, 2012 Share Posted January 15, 2012 PS - Good luck to everyone in this situation. My advice is to be honest and speak to the agent .. i am now in a lovely house, happy that with my 2 babies and no issues from the landlord. They are outside when we are out but sleep on my bed at night. We have put rugs down and they haven't damaged the house at all .. in fact i think we are far more likely to cause damage than my boys. If you're a responsible owner then there should be no issues really. [ATTACH=CONFIG]11308[/ATTACH] Thanks you have been very reassuring, I think sometimes it is really difficult to imagine something / a situation when you are so far away from it, if that makes sense. I have read so many threads about people struggling to find rentals because they have pets. We like you are responsible owners and so far our little one´s have never done any damage whatsoever. They are both good, and only small which hopefully will help us. Also I am hoping that the area we are going to be looking in is saturated with nice rental properties, fingers crossed, we will have references and also a job contract which shows that we can pay the rent et. et. Link to comment Share on other sites More sharing options...
Love Shoes Posted January 15, 2012 Share Posted January 15, 2012 PS - Good luck to everyone in this situation. My advice is to be honest and speak to the agent .. i am now in a lovely house, happy that with my 2 babies and no issues from the landlord. They are outside when we are out but sleep on my bed at night. We have put rugs down and they haven't damaged the house at all .. in fact i think we are far more likely to cause damage than my boys. If you're a responsible owner then there should be no issues really. [ATTACH=CONFIG]11308[/ATTACH] I have tried to open this attachment to look at your little guy but it isn´t doing anything ..... Link to comment Share on other sites More sharing options...
Inthedeep Posted January 15, 2012 Share Posted January 15, 2012 Hi There, we´re off to Brisbane, the gold coast ..... never been there so all new to us. thanks. I think there are different rules for Queensland than Victoria. http://www.rta.qld.gov.au/en/Renting/Thinking-about-renting/Renting-in-Queensland/Pets.aspx Good luck in finding your new home, your dogs are lovely Link to comment Share on other sites More sharing options...
Love Shoes Posted January 15, 2012 Share Posted January 15, 2012 Thank you ............... Link to comment Share on other sites More sharing options...
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