We work for the rights of responsible pet owners to live a normal life.We've had a lively conversation here about public access rights for pets on PUBLIC transport.
Let's look at renting with pets.
In Australia, there are commonly used tenancy agreements claiming to be prepared in accordance with tenancy law. From my research, I can't ever see this premise being tested.
In NSW, these agreements state that an animal or bird can not be kept at the premises UNLESS PERMISSION IS OBTAINED. (No such clause is in the legislation). Think about this. The law gives the tenant full right of access to the property as long as they pay rent, act legally and behave.
Dogs are chattel - full stop. In other words, they are no different than a handbag, briefcase or a pair of shoes. So why are renters are being told to ASK and OBTAIN PERMISSION to live with their dog or cat? Legally, it is the same as having to ask if we can have a pink handbag with matching pink shoes in the home we are renting.
What's chattel? Chattel is an item of personal property which is movable. It can be bought, owned, sold and stolen. The dog or cat is owned in law by its owner or politically correctly, its guardian. Because Barking Mad works with responsible pet owners, we will presume that we all legally own our pets meaning we register them as required by our local regulatory authority.
SO HOW CAN A RENTAL AGREEMENT REQUIRE YOU TO OBTAIN PERMISSION TO HAVE A DOG - OR, THE LEGAL EQUIVALENT, A PINK HANDBAG AT YOUR HOME?
I ask for your thoughts - and please consider the following:
- Residential tenancy laws hold the tenant liable for damages they cause - from pets, kids, parties, accidents or negligence.
- Dog laws hold the owner responsible for actions of a dog.
- Nuisance laws cover bad bahaviour, which may include a barking dog.
- Animal protection laws cover cruel pet behaviour, such as keeping too many animals or not providing adequate care. (Isn't is cruel to deny housing to a responsible pet owner?)
- Strata laws require a 'good reason' to deny keeping a pet. An example of a good reason would be a strata complex for people with asthma where someone wants to keep a cat.
- Rental laws do not have this 'good reason' logical clause.
