#18211
scotlandx
Strataguru

    There are two strands/relationships that run alongside each other in this situation:

     

    1. your lease with the owner of the property

    2. the by-laws that govern what the residents of the strata can do, including the keeping of animals.  Those by-laws bind the owners and as a consequence anyone to whom they lease the property (although this can get tricky)

     

    As far as the owner is concerned, they can’t agree in a lease to allow you to do something such as keeping an animal, unless it is permissible under the by-laws. So for example if the by-laws ban animals outright, then the owner can’t lease the property to you and say animals are ok, because the by-laws take precedence.  In answer to one of your questions, no the lease does not override the by-laws.

    However we don’t know what the by-laws say – they may ban animals, allow animals, or say that animals can’t be kept without written permission and that permission cannot be unreasonably withheld.  The last option is the most common.  It is pretty easy to find out what the by-laws are, if you know who the strata manager is, ask them for a copy, although the owner should have given you a copy when you moved in.  Or ask the agent, and remind them of their obligations to give them to you under the law.

    If the by-laws don’t ban animals outright, then you have the option of pursuing the matter further.  Where the by-law provides for written permission the usual process is that the landlord should seek permission from the OC for the animal to be kept by the tenant.  From what you say the landlord doesn’t sound very helpful and may not want to do that if it is an option.  

    In your case it doesn’t matter if the landlord is now saying they didn’t approve the clause in the lease, if it is in the lease and that has been signed, then it is a term of the lease.  I agree with you that it does seem unfair that you have been mucked around, where you have acted in good faith.  

    None of this is legal advice, but you could argue that they have breached a term of the lease, or represented you could do something that you are not allowed to do, and therefore you want to terminate it.  I suggest your best option is to go here:

    https://www.tenants.org.au/tenants-rights-factsheets

    and here

    https://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home.html

    for further advice.

    Good luck!