#26059
Jimmy-T
Keymaster

    It is impossible to predict the decisions made by NCAT as they are individuals who bring their own biases and prejudices to the issues.

    However, I would argue that a blatant disregard for the by-laws established to regulate the keeping of pets would be a reasonable reason for refusing, on the grounds that they have shown that they are irresponsible pet owners, regardless of the nature or behaviour of the pets concerned.

    Playing devils advocate, if I were representing the tenants, I would argue that in the absence of any demonstrably negative consequences of having these pets in the scheme, then any refusal was unreasonable.

    If you can marry the two – they didn’t obey the by-laws and the pets have been proved to be a nuisance – then you would probably win.

    That said, there is a whiff of trying to find some way  – any way – of dealing with nuisance tenants in this and that is something you need to steer clear of as it can only go against you at the Tribunal. 

    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.