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.  

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.

by-laws: keep the dog!

The NSW CTTT Strata Division ruled in favour of keeping 'Oscar' at a unit in Coogee. It was a tricky case where the body corporate twice refused 'permission' to keep a dog and then attempted to change the by-laws during the dispute to block our members' application.

The lesson to responsible pet owners is clear. Persist, do not surrender.

The Tribunal held that the refusal was not reasonable. It clearly ordered that just because there had 'never' been pets, and the refusal of pets has stood for decades, that was not a good enough reason to say NO PETS. In granting the owners' permission, common-sense orders were also made to appease the opposition such as entering or leaving the Strata by the most direct route and cleaning up as required in the common areas.

This is a significant ruling in NSW and we need to keep getting these issues before the tribunal and courts if we are going to accommodate our pets as our homes get smaller and our communities more densely populated. Members page on renting with pets and pets in strata. Read this judgment here.

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.
  

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!