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Topic
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I am having difficulties with a tenant who, shortly after the commencement of her tenancy, brought a dog into the apartment.
This was only brought to my attention, because other occupants noticed its presence. Permission was not sought.
An inspection followed, where the apartment was found to be in an immaculate state. The dog was not causing any damage. It was agreed that whilst permission was needed from the owners' corporation, the owner would support the tenant's request to keep the dog.
This request was denied for a few reasons, the most important being that the dog howled when its owner was not at home. The owners; corporation felt that it was not fair on the dog.
The owner withdrew her support of the tenant's request. The tenant was instructed to relocate the dog, which she did.
It was noticed a few months later, however, that the dog had returned to the property. (last week)
A Termination Notice has subsequently been issued.
As a result, the tenant has sent threatening and abusive emails to the owners' corportation, the owner and myself, the property manager.
She maintains that she has removed the dog, and that according to the CTTT, the termination notice has to be revoked.
My question is this……does the termination notice have to be automatically withdrawn if the dog has been removed from the property? Given that the owner no longer trusts the tenant to abide by her decision and that of the owners' corporation, can the termination notice proceed? (I suspect not) Is there a way to take the tenant to the CTTT for mediation – to allow an independent party the opportunity to point out to her that she cannot “make up her own rules” and abuse the hell out of everyone when she doesn't get her own way? For instance, could I keep the termination notice in place and take the tenant to the CTTT if she does not vacate? I'd value the experiences/advice of others who have been in similar circumstances. (PS: The tenant is within a fixed term and the owner is having trouble understanding why I may have trouble enforcing the Termination.)
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Maybe this time you should hit her with a Notice To Comply which carries the possibility of a fine ans well as a renewed notice to quit. Whatever the CTTT notice says, she's taking the mickey. The tenant is also clearly in breach of her tenancy agreement so she should be getting a separate notice to quit from the owner. If the dog is still howling, I'd also be calling the council Rangers and the RSPCA – leaving a dog, the most sociable of animals, on its own all day is downright cruelty. Sounds like this tenant thinks she can do what she wants because she reckons she's a lot smarter than everyone else. So hit her with everything you've got (figuratively speaking, of course) – thet might make her think again.
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