Back in Oz with dog, cows, poultry, horses, cats & pigs.

I have returned to Oz and am happily reunited with Pema.  We've traded daily work with political animals for a daily life with farm animals.  Back to a life of primary production instead of methane fueled political lobbying.

Barking Mad Equity for Pet Owners needs a new top dog as my health puts severe restrictions on my travelling. We can still help out with renting-with-pets, and pets-in-strata and some council issued infringement notices in NSW, VIC and QLD.  

Feeding the hand that bites you

Are you renting your home? Do you have a pet? If so, then you are in the majority. More homes have pets than don't. Homes with pets are about double in number of homes with children, yet families with children make up the largest demographic of dog owners.

The real estate industry is slow to capitalise on this reality and 'no pets' is frequency seen in adds for rental homes. Many rental applications include questions about your pets. Legally, pets are no different than your TV, toaster or handbag. They are chattel - meaning property, legal property.

Each time a responsible tenant puts a case 'to have their pet' to a prospective landlord, including references for it or offering to pay an additional bond (the taking of which would be illegal), they are feeding the hand that bites them!

I know, it's hard when you need a home, love your pets and are an honest person and a good tenant - but letting someone decide if you are their suitable tenant has no more a relationship to your status as a pet owner, as it does to the brand of your toaster or the size of your TV!

So please, show that you are a responsible tenant, neighbour and pet owner by your actions, not by playing into the hands of the 'no pets allowed' brigdage or by letters written by people who happen to love your pet like you do.

In South Australia, NSW and most other states, there is no prohibition of pets in the residential tenancy laws - and why would there be? When renting, you gain a right to quiet enjoyment of the home for due consideration (rent) and you have a responsibility to act legally, take due care of the property and repair what you break or damage beyond reasonable wear and tear.

The Real Estate Institute of NSW has propagated a rental lease form used extensively and they have added a no pets clause as 'standard'. This is contrary to the residential tenancy law. We recommend you request your lease be based on the Act and Regulations, not the REI form.

We've started a case in NSW challenging the special conditions on a residential lease regarding a dog. This is based on contracting out the right to quiet enjoyment and/or the provision for normal wear and tear and/or a tenants' obligation to return the property in the same condition.

In South Australia, the tenancy tribunal can vary terms if they are found to be harsh or unconscionable. Of course, refusing pets in an otherwise pet suitable home with a good tenant is most unconscionable!

Good News for Renters with Pets

Is the often used 'no pets without permission' legally binding?

Did you know there is no such clause in legislation in NSW for residential rentals (excluding Strata Schemes)? That's right. It is a MADE UP CLAUSE - made up by the real estate institute.

• The law requires a tenant to keep the premises reasonably clean and not to cause a nuisance or annoyance.
• The law requires the landlord not to interfere with your reasonable peace, comfort or privacy.
  

If you have an agent or landlord telling you not to smoke inside, or not to have your pet, tell them they are contracting out and contact Barking Mad right away. If you are a good tenant, we can help.

Please see the members area for how to get the rental agreement in the legislation, not the made up one.

New poster and membership form

Download our brochure and membership form and let your friends know that we CAN create pet-friendly communities.

My dog, my pet, my property, my responsibility - paws off

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.
  

NSW local government ELECTION

We have surveyed and rated as many candidates as possible. We have recommendations on HOW TO VOTE for "our families, our dogs" in the following areas:

Coffs Harbour
Gosford
Manly
Mosman
North Sydney
Randwick
Sydney
Tweed
Waverley
Warringah

Have a look at our candidates and find out who is BEST IN SHOW, TOP DOG, IN TRAINING or JUST IN PUPPY SCHOOL.

Our free membership.

Our free membership with survey has brought in many members, some of them actively participating. To an active member, I asked: Why don't they pay? (It's a lot less than a big bag of good dog chow and lasts longer). The response I got:

"They don't pay because they yet don't realise what Barking Mad is!!! They live in a take-your-dog to the beach paradise, and it hasn't entered their minds that they might go to the beach one day and find it covered in 'no dogs' or 'dogs must be on leash' signs (as happened recently just 1/2 hour away) and rangers hiding in the bushes, on a public holiday, waiting to pounce on people/dogs!!! They haven't read the whole Barking Mad site and haven't thought about discrimination of rentals to pet owners, or think it's something one must put up with."
To those folks who live where dogs are still welcome - enjoy; we hope it lasts.

And another view: lots of good people who volunteer struggle financially, lots of good people who have terrible health problems depend on their pet for companionship and joy. Our free membership makes sure we can include these passionate people in our pack.

Killing Good Aussie Dogs - a whinge.

Is Barking Mad next? To those who support Barking Mad with your free membership or your $25/$40 memberships, I thank you. To the three million other dog owners, to the hundreds of people at Sydney dog parks who think Barking Mad is great, but haven't joined, to the vets and big pet shops that won't join as a member, why?

WHY? The cost of owning a dog is $500 - $1000 a year. A bag of dog chow costs more than a membership to the lobby group challenging stupid laws that say no dogs on beaches, no dogs in rentals, etc. Yet, you won't join. You want to get your dog park in your area, but don't see that each time you win a campaign in your area, no precedent is set. Some other area will be doing the exact fight at the same time with no sharing of resources. One more dog beach might satisfy the big dog owners, but terrify some small dog owners because of the concentration of dogs in just one area. One area is not ok - 30 - 40% is because that's how many ratepayers have dogs. We asked each member to sign up five others - only the member in the Tweed who came up with the idea did such. That's it. It's not enough. We need 10,000 members - paid or surveyed, to get our amendments up. I need a P.A. or I'll be back in the hospital with stress. I would like an income.

I'm called constantly to help people present a strategy for a pet-friendly workplace, or to mitigate a dispute with a neighbour, or to help change by-laws in a unit. I offer this service as a consultant and that's the end. They won't even join as a member, let alone pay for a service or even transport costs. They want it for free but won't work to find a sponsor for us. And by the way, we haven't lost ONE legal matter we have worked on with members yet.

Today I received a PhD survey about pet ownership with lots of questions about registration, microchipping, dog health and cost. Then bang - it asked about how you think you will be affected when your dog dies. WELL somewhere around 25% - 35% of dog owners won't see that day because THEY WILL SURRENDER THE DOG FIRST. Why? Because they don't have a car and can't use public transport with dog, because they do have a car and its too expensive to drive to the only good dog park, because they leave dog at home when cafe owner says dog can't even join them at an outdoor table, because they move to a unit that says no pets, they buy a pet friendy unit that then changes the by-laws, the decide to travel around the country and can't find accommodation that welcomes their dog. It's Barking Mad!

We HAVE a compromise position - train dog and guardian to a high standard and give US more access. My tail is between my legs and I am sad, and tired. I'm working on educating NSW transit authorities who continue to refer to the 'no pets on transport' in the regulation, when the Director General changed that in 2002! Only two people have signed up to help in our upcoming events. We have local government working to submit the user-pays dog license to the local government conference. Guys, I don't walk on water. This organisation needs help to survive.

Two beautiful, sunny warm days and a spectacular lunar eclipse have passed. Throughout Monday of this week, I listened in amazement while (independently) four pet owners from three states came to Barking Mad with upsetting stories of discrimination. I struggle to come to grips with the distress these situations cause people AND the fact that they are not alone. So many people trying to live a normal life in our 'fair-go' society get, well, crapped upon, just because they have a pet; and I'm talking about 'responsible' pet owners who accept that pooch or puss needs to fit into society.

The stories:

• Several Queensland local government areas limiting a family to one dog unless they can afford a house on land over 600m2 - by law! (but you can have 5 racing greyhounds).


• Renters in Albury NSW not being able to find a home because they have a dog.


• A member in Victoria who has lived in a strata complex for ten years with her dog and who is just now being told it can't be outside.


• And, locally in Sydney, a member being refused access to a bus on the Northern Beaches twice in one day.

Perhaps it sounds like four incidents to you, but Barking Mad is involved in so many matters concerning housing, it's a shock. We need more help to handle things - email or call if you can volunteer your time or money. Please listen to our Pet Talk Radio interview - and you can even watch the video - but it's not very exciting!