#30853
kaindub
Flatchatter

    What a mess.

    Firstly the agent or landlord has a problem as they approved your dog. They should have made approval of the dog conditional on the OC approving the dog.

    Get back on this point later.

    If you move in with your dog without approval, you will be in breach of a bylaw. That also means you are in breach of your lease so the landlord can terminate your lease. You don’t want that.

    Can you leave your dog with a friend for a short period? If that’s impossible then put it on the landlord to pay for temporary dog housing. Since the landlord approved your dog, it seems reasonable that he pays for the interim dog accomodation. OR they reduce your rent a similar amount to the dog accomodation because you expect to house your dog as part of the tenancy.

    Your lease should have a copy of the bylaws attached. Find the pet clause and read it. Does it say that reasonable approval cannot be refused. If that is not in the bylaw it becomes a little trickier.

    Next you need to apply to NCAT . The basis of your application is that reasonable approval has not been granted.

    That a previous tenant had a nuisance dog is irrelevant in your application to the OC. It seems that someone just doesn’t like dogs.

    Support your application to NCAT with references for your dog.

    From what I have read NCAT is accepting that pets are part of everyday living and overturning unreasonable refusals for pets

    Only after you get NCAT ruling in your favour can you move your dog in.

    If you don’t get approval the landlord has a problem. He would be in breach of the lease and you may able to get some compensation to move. But that’s another forum.

    Good luck