#35665
Jimmy-T
Keymaster

    Braveheart’s post is mostly right in its general thrust but a bit shaky on detail.

    The OP says approval was given by the agent ‘and obviously the owner’. However … it is not clear that a specific request was put to the landlord and that written approval was then provided by the landlord. The rental agent has no authority to give consent.

    Really?  Can we assume that the rental agent has “no authority to give consent”? If the rental agent has the authority to sign the lease then they can also authorise other aspects of the lease.  FYI, in Victoria, landlords can’t unreasonably refuse consent for pets.

    Assuming that the OP did in fact receive approval in writing from the landlord, the next step is to write to the OC via the Strata Manager …

    They could just write directly to the strata committee … especially if there is no strata manager. And it depends on the by-law in place.  One of the two optional by-laws in the model by-laws in NSW says the resident only needs to inform the OC that they have a pet.

    … requesting permission for the animal, including a copy of the written consent of the landlord, and as much detail as possible about the animal as to its size, breed, character, vaccinations, micro-chipping, how waste will be managed, how it will be exercised and so on.

    Again, the demand for any such detail would depend on the by-laws and “house rules”. There is no default legal requirement for such detail.

    What should not happen is that the prospective tenant just moves in with the animal without written consent of the landlord and without written permission from the OC, and simply pretend that fait accompli will prevail.

    Well, yes to the former (if you include agents) and “depends” to the latter which is subject to whatever by-laws are in place.

    This is a cyclical ploy …

    I assume you meant “cynical”. Sometimes people just don’t know – especially if they are getting mixed messages and incorrect information.  That’s why it’s important for Owners Corps to make it clear what their polices are, and the by-laws that relate to them.

     

    If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.