Tenant has a pet when not supposed to what are the options?

[Sebastian]

Hi all,

If the tenancy agreement states that there is to be no pets on the property but the tenant has a pet what are the options for getting the tenant out of the property?

Many thanks,

Sebastian

[Momo]

Hi all, If the tenancy agreement states that there is to be no pets on the property but the tenant has a pet what are the options for getting the tenant out of the property? Many thanks, Sebastian

14 days notice advise them that they have breached the tenancy agreement. If they don't remove the pets from the property, you can go to tribunal to settle this by having them to remove the pets or terminate the tenancy agreement if they do not comply with the agreement. If you just want them out of the property,90days notice is the best option. No reason need to be given.

[Sebastian]

Great thanks Momo, that's really helpful.
Cheers.

[One]

Would the TT definitely side with the landlord? Tenant: "Oh, but our cat's like a baby to us and she's never done any damage." TT: thinks of own cat and gets all sympathetic.

If it's a low-damage pet and a periodic tenancy, you could always raise the rent a lot. if they leave, problem solved. If they stay, you've got the cash for carpet cleaning and repainting any scratched doors etc.

[Keys]

Did the tenant indicate "no" on your tenancy application form regarding pets? (I'll assume they did)

A word of caution. Have some yes/no questions on your TA form which must be filled out. Pets is one of them. In your TA have the words:

The application form which the tenant filled out forms part of this tenancy agreement. All addresses given by the tenant on the application form may be used as addresses for service.

Then, apply for termination immediately under Section 78 (1g) as well as issuing a 90 day notice for termination (periodic). If your dates and TA permit, issue a rent increase.

[NIK]

One...I would gently remind the pet sympathetic TT how insurance companies view pet damages in rentals....different to own home/owner occupier with pet...Key is spot on ask in pre tenancy application not only if they currently have a pet but sneak in a cheeky question - do you intend to get a pet within the next 6-12months. Then clearly state on the Ta not only the max no of tenants - including the named tenants but also no of pets/dogs/cats permitted at the start of the tenancy...this will clearly show that tenants had no pets/what pets were allowed with dogs I ask for registratuon no and I also ask for permission to take a photo of each pet that way a handbag dog does not turn into a huge one....

[flyernzl]

Right now I have the same problem.

Tenant now has a dog (unregistered).
Tenant: "But I need my puppy (!) out the back, otherwise my washing gets stolen off the line at night".

Dammed dog sleeps all the time, I went around there to check on the collar for a rego tag and it didn't even wake up.

The 14 days notice expired with no removal, telephone mediation arranged but "tenant advised they couldn't make it".
So there is a TT hearing arranged for this coming Friday.

My ace-in-the-hole is that there is a clause written into the tenancy agreement - "No pets to be kept on the premises".

The Mediator can get as sympathetic as they like, but the clause is the clause.

[Sebastian]

Great, thank you all that is very helpful.
Cheers,
Sebastian

[Keys]

My ace-in-the-hole is that there is a clause written into the tenancy agreement - "No pets to be kept on the premises".

And .............

The tenants two pair is (possibly) that you didn't fill out the application form properly. Did you ask for termination? It's the only thing which will guarantee the dog goes.

[donna]

If the TT side with the Tenant - can you be appeased with more rent $$? We have a couple of rentals with pets - one has a dog another a cat - luckily the tenants are very clean and respectful so the animals are no issue so we benefit from the extra rent. It's a tough call though if your rentals are of a higher quality or the tenants less discerning.

Cheers,

Donna

[Bulldog]

I do have a tenant who has a cat but she is an ideal tenant - single, mature professional who spends a few days each month away on business, rent paid on time, never any hassle. I did have a tenant who wanted a pet in a unit & because he was an exceptionally clean person I agreed conditional upon him fencing the dog in at his expense. Well, that changed things considerably, he claimed I was being unreasonable & wanted to have the place fenced at his expense, he's never been asked to secure a dog before, etc. etc. It really changed the dynamics of the LL/tenant relationship so I am now extremely wary about amending the conditions of the agreement.