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  • #76270
    Jimmy-T
    Keymaster

      The NSW government is to introduce a suite of measures to make life better for tenants, who comprise more than half of the residents of strata in the
      [See the full post at: Pets and fee-free rents in tenancy law reforms]

      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.
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    • #76335
      tina
      Flatchatter

        I’ve listened to your podcast and I know how much you advocate for pet owners.  Unfortunately, I had a very bad experience with a yapping dog.  The dog did not stop yapping until the resident returned home.  The dog could be yapping all day and into the night.  Neighbours from the same strata plan and neighbouring addresses complained about it.  They called the police, local council and RSPCA.  They were told to “talk to strata”.

        Talking to the tenant was pointless.  They straight up denied the existence of a dog.  Then they said the non-existent dog belonged to a relative.

        In the end, the property owner evicted the tenant for keeping a pet without seeking permission.  (There were other issues:  illicit drug use, property damage.)  It was faster to get the problem resolved with an eviction.

        If it was left to “strata”, we would issue the breach of by-law notice, apply for mediation and go to NCAT.  There would have been months of relentless dog yapping.

        fee-free rental payments:   totally agree.  It is obscene that anyone would consider charging a transaction fee for paying rent.

        Paying for your own background check does not seem right.  They’re exploiting tenants because tenants don’t have a lot of choice right now.

        #76337
        Jimmy-T
        Keymaster
        Chat-starter
          If it was left to “strata”, we would issue the breach of by-law notice, apply for mediation and go to NCAT.  There would have been months of relentless dog yapping.
          Pursuit of a Notice To Comply does not require meditation.  You issue the NTC, then go straight to NCAT for penalties if the breach continues. Some strata managers will issue a pre-NTC warning, partly so there is no question that the resident has been alerted to the breach. But an NTC is a warning so it’s not essential and you don’t need to go for mediation.

          In the end, the property owner evicted the tenant for keeping a pet without seeking permission.

          That’s a result and it’s often the best most effective way to go – chase the landlord for not managing their tenant properly.  It may seem unfair but the owner has a long-term commitment to the building which a tenant may not have.  It also lets the landlord know that their tenant may not be looking after the property properly. The answer to problems with any owners or residents who don’t care is to find a way of making them care.

          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.
          #76354
          Shortcrust
          Flatchatter

            The rent check idea was no doubt written without consulting an alert landlord. The premise on which it is founded is that tenants will use the data from bonds held by FT to ascertain the true rents paid by tenants rather than look at the advertised rents which it is implied may be misleading. The government also thinks landlords will use it to determine what rents they should charge.

            But the premise is flawed. If a landlord has a long standing tenant say 10 years on a yearly lease that was renewed annually with rental adjustments, putting current rent, say for argument’s sake, double what it was 10 yrs ago, the bond data will reveal ONLY the rent charged in the tenant’s first year some 10 years ago because FT informs that the quantum of the bond cannot be changed until there is a change of tenant.

            That will serve to only MISINFORM both landlords and tenants.

            #76446
            tina
            Flatchatter

              But the premise is flawed. If a landlord has a long standing tenant say 10 years on a yearly lease that was renewed annually with rental adjustments, putting current rent, say for argument’s sake, double what it was 10 yrs ago, the bond data will reveal ONLY the rent charged in the tenant’s first year some 10 years ago because FT informs that the quantum of the bond cannot be changed until there is a change of tenant.

               

              Fortunately, the NSW Rent Check system will take into accuont the past THREE months’ rental data for each poastcode. The Rent Check system is now up and running. There is a common questions section which addresses this issue.

              Rent Check web site

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