spottychick Posted March 20, 2010 Share Posted March 20, 2010 I agree with lillysmum and others and the suggestion you go to the Tenants Union for advice and help (I used to work for them ) This has all come about through no fault of yours - you were up front about the dogs and the owner went ahead with the lease in full knowledge of that. It's up to the owner to sort out a way to resolve this - including the option of assisting you financially to find alternative digs. In any case, I sure hope you can work out something!! Link to comment Share on other sites More sharing options...
iffykharma Posted March 20, 2010 Share Posted March 20, 2010 (edited) A daunting situation to be in. I really feel for what you are going through. Contact the Consumer, Trader and Tenancy Tribunal for advice. Your should be able to go through a mediation process before having to lodge a dispute. This really is worthwhile doing. If you can't reach agreement that way lodge a formal dispute. If it isn't resolved in a way that allows you to keep Coco, do as Mita has suggested and contact PAWS (or whichever rescue Coco came from) as they should help find a new home. They may also be able to arrange foster care while it gets sorted out. Good luck. Edited March 20, 2010 by iffykharma Link to comment Share on other sites More sharing options...
Loving my Oldies Posted March 20, 2010 Share Posted March 20, 2010 Have to agree that you contact PAWS. I cannot imagine either Denise or Ronda not wanting to help you in your current predicament. Link to comment Share on other sites More sharing options...
Danois Posted March 20, 2010 Share Posted March 20, 2010 The RE Agent should not let you have signed the lease under the BC approval had been granted. If the lease needed to be signed then it should have been conditional upon the approval of the BC - ie that you could terminate if you were not allowed. The BC must not unreasonably withhold their consent to the request. As a cat is permitted by another occupant then they would struggle to show that no pets are allowed was a valid reason. You can challenge their decision under the by-laws (usually by mediation). Tell the RE Agent that you relied on their/ the owner's representations (re approval for the dog) to enter into the lease and you would not have done (enter into the lease) if they had said no pets were allowed and that you will ending the lease (by taking it to the CTTT if necessary). Tell them that while you are looking for another property, you will be keeping the dogs with you. If you do keep the dogs there then the BC can apply to the CTTT for you to be fined - they cannot have you evicted. You could then pass this on to the Landlord! Keep a record of all the additional moving costs and then seek reimbursement from the Landlord/ Real Estate Agent. Link to comment Share on other sites More sharing options...
SmoothieGirl Posted March 20, 2010 Share Posted March 20, 2010 I don't know the in's and out's of rental agreements, but perhaps there is another option. Could you find a temporary home for Coco, until your lease is up, and then prior to that find another property (that does allow dogs) to rent? Link to comment Share on other sites More sharing options...
WoofnHoof Posted March 20, 2010 Share Posted March 20, 2010 I'd be taking Danois' advice, just keep the dogs there with you until the issue is resolved if they don't like it tell them to take it up with the owner because you took the property on the understanding that dogs were allowed. Link to comment Share on other sites More sharing options...
fiery_di Posted March 20, 2010 Author Share Posted March 20, 2010 Thank u so much 4 responses guys. I am currently at a wedding but have duly noted ur advice & will be taking matters further with the bc. The only reason we applied and accepted was on the grounds we could have both our dogs cit is unnacceptable that we cannot. So pls do watch this space. I won't be pushed to the side & disregarded. I have rights too. Thank you again. Will be back online tomorrow to see further advice but all very helpful so far. Link to comment Share on other sites More sharing options...
feistylady Posted March 20, 2010 Share Posted March 20, 2010 Yes you do have rights as do your animals make sure you use them, some great advice in previous posts here agree wholeheartedly. PS I cannot imagine why you thought you would be flamed for this awful predicament you have been placed in. Link to comment Share on other sites More sharing options...
grabit Posted March 20, 2010 Share Posted March 20, 2010 Di I am in a similar situation atm,I moved into a co-op house around 8 months ago on the understanding that my animals were not an issue and that it would be a long term arangement, however after being here for just under six months they are trying to kick me out, it seems that the member i spoke to about my animals failed to inform the commitee about the situation as SHE couldn't see a problem with it. Speak to the tenancy tribunal and also contact the housing authority in your area (they often have contacts for free tenant advocacy service), find out your rights and then appeal, appeal, appeal! While an appeal is in process they cannot evict you or your pets and this may buy you some time! What ever you do, do not give in and if it comes down to the pinch go to the media and/or your mp (remember it is an election year!) hope this helps at least a little Link to comment Share on other sites More sharing options...
Zali Lane Posted March 20, 2010 Share Posted March 20, 2010 I am in SA but happy to help with free accomodation until things get sorted or you know which way is up with your strata corp, same with the other SA post er "grabbit", we have Mastiff's and St'sbut also have a couple of seperate yards if needed to seperate. our babies are our pets and not kennelled, always happy to help if needed, especially when things are so shitty Link to comment Share on other sites More sharing options...
grabit Posted March 20, 2010 Share Posted March 20, 2010 I am in SA but happy to help with free accomodation until things get sorted or you know which way is up with your strata corp, same with the other SA post er "grabbit", we have Mastiff's and St'sbut also have a couple of seperate yards if needed to seperate. our babies are our pets and not kennelled, always happy to help if needed, especially when things are so shitty Thanks for the offer Zali Lane, but they will have to step over my dead body before i let them win am currently fighting them and should i fail the next stop is the media! worst thing is that they have not been able to find a reason for their objection about my pets no complaints about noise hygiene etc. they started with oh it is against council bylaws which was funny.... coz i had checked already and the government gives these ppl houses to manage! Link to comment Share on other sites More sharing options...
percyk Posted March 21, 2010 Share Posted March 21, 2010 you were on my mind last night when i first read your post im so sorry that youre going through this and i cant help but i hope it all works out well for you we will move one day too and we are not in the position to rent first we have to sell and buy within the same period of time with so many pets wed be up the creek so your predicament really struck a chord good luck..hope it is resolved quickly Link to comment Share on other sites More sharing options...
~Anne~ Posted March 21, 2010 Share Posted March 21, 2010 I hope you can get some advice and help Di. *hugs* Link to comment Share on other sites More sharing options...
persephone Posted March 21, 2010 Share Posted March 21, 2010 (edited) That's awful. The property owner should have made SURE he was supported in his decision to allow animals. Hope you can sort something out. Edited March 21, 2010 by persephone Link to comment Share on other sites More sharing options...
fiery_di Posted March 21, 2010 Author Share Posted March 21, 2010 Thanks guys. It is definitely a rock & a hard place situation!! I wouldnt be so desperate if the sister wasnt putting 'death threats' on our poor Coco. I feel bad enough that she isnt with us without having someone speak so cruelly about her.. Link to comment Share on other sites More sharing options...
fifi Posted March 21, 2010 Share Posted March 21, 2010 Nothing helpful to add, just my support and best wishes. What a horrid position to be in :-( I hope a solution is reached soon for you all. fifi Link to comment Share on other sites More sharing options...
Her Majesty Dogmad Posted March 21, 2010 Share Posted March 21, 2010 Only death or major illness would separate me from my dogs, they are everything to me. I have forgone many things in my life to keep them and keep them in the best of health. I hope you will fight for your dogs, perhaps you could postpone your wedding and move instead - that is if you cannot win the right to have them in your home. Link to comment Share on other sites More sharing options...
BittyMooPeeb Posted March 22, 2010 Share Posted March 22, 2010 What an awful situation FD . I heartily agree with others that this problem has been dumped on you, when it is the owner/landlord and real estate who stuffed up and should be sorting this out. Firstly, does your lease say that you can have have the dogs with you? If so, I would be moving both dogs in with you, and informing the landlord in writing of this, and asking him to sort our *HIS* problems with the Body Corporate. It may also help to write to the BC and tell them that you have a lease saying you are allowed to have the dogs living in the unit, so the dogs will be living at the unit, and they can contact the owner/landlord over any issues. If the lease doesn't say you can have the dogs, I would write to the Body Corporate/Owner/Real estate and explain that as you were given verbal approval to have the dogs, you will be having them live with you until you are allowed to break the lease without penalty, and at that time you will look for alternate accommodation. In the letter to the owner/landlord, I would also state that you will be seeking compensation for moving costs. This is one of those situations where you are so clearly in the right, and it should be the other parties involved having to compromise and work around what has happened. I don't think you should have to hide your older dog nor have the younger one live elsewhere while this is sorted out (even if 'sorted out' means until you can break the lease without penalty and until you have been compensated for moving costs). I really really hope that you can post soon to say that both dogs are with you in the townhouse and will stay there until the situation is resolved Link to comment Share on other sites More sharing options...
SparkyTansy Posted March 22, 2010 Share Posted March 22, 2010 I am really sorry you have found yourself in this situation FD... I know nothing about RE etc and it seems plenty of others have given you advice on that side, so from another POV... has your OH spoken to his mum and sister about Coco's living arrangements? Perhaps sitting down with both of them and establishing what this issue is would help ease the tension. Is it his mum that has the issues, or is it the sister? Is mum not saying anything because she feels bad, but really doesn't want the dog there, or is the sister just being demanding and unfair because she doesn't want the Coco there? Perhaps also telling them that you are trying very hard to find a solution to the whole issue so you can have your dogs again, however a little patience would be appreciated would probably go a long way. Perhaps offer compensation for Coco's stay, in any form you feel comfortable, plus of course feeding costs etc.Perhaps mum doesn't even know about the sisters threats and by sitting everyone down it would certainly clear the air... just a thought - i really hope it all works out soon. Link to comment Share on other sites More sharing options...
Ripley Posted March 22, 2010 Share Posted March 22, 2010 Di, I'd contact Denise at PAWs. She is lovely, I fostered a couple of little dogs from her years ago and always found her fair and extremely helpful. What a crap situation to be in. If you need to chat, you know I'm only a phone call away. Link to comment Share on other sites More sharing options...
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