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tenant declines to declare the disability dog..

Discussion in 'Property Management' started by SeafordSunshine, 30th May, 2016.

  1. SeafordSunshine

    SeafordSunshine Well-Known Member

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  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Should there be an issue for people with assistance dogs?
     
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  3. wobbycarly

    wobbycarly Well-Known Member

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    My 2c worth. The rules are the rules, and if everyone who wanted an exemption got one, then what's the point of the rules. However, assistance animals (blind, deaf, psychological, other) - maybe there should ALWAYS be a blanket exception - undecided on this one!

    Personally, we usually let people have pets UNLESS it contravenes BC laws. Sometimes a property is completely unsuitable for dogs/cats, and because of a general lack of common sense in society, people need a rule to tell them not to have such an animal.
     
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  4. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I think they (McGraths) totally went about the process the wrong way. It certainly could have been handled much better and it looks like they have backtracked to get it back to a proper resolution.
    All assistance dogs should be allowed.
     
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  5. Xenia

    Xenia Adelaide Property Manager Business Member

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    The problem was that it was not declared, approved and above board to begin with and it became an issue due to an animal not declared on the lease.

    Not a question of how good the dog is for her mental health.

    If she had declared it and got it approved none of this would have played out.
     
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  6. Xenia

    Xenia Adelaide Property Manager Business Member

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    Note that all humans living in a property are also declared and on the lease, even babies. There is no question that people psychologically need their children - but they are still declared so landlords know who or what is living in their properties.
     
  7. datto

    datto Well-Known Member

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    Kick her out!
     
  8. Glorion

    Glorion Well-Known Member

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    Yeah but her chance for getting the lease would have been zero. Which is wrong, as due to the disability discrimination act, having the dog should not have influenced the application (yet it would have). Yes it was a dishonest way to go about it, but what's the alternative? Being lied to about why you were rejected? I would have done the exact same thing in her shoes.
     
  9. EN710

    EN710 Well-Known Member

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    Many BC laws do not allow pets, so if tenant (not specifically this one) bring dogs or other pets undeclared, it is not only a matter of landlord disallowing them. BC can insist to have the pets removed - this is not an outcome everyone wants.

    Service dogs are exempted in my current strata, I do hope it is the same with other apartments. The case in the article could have handled in a much better way.
     
  10. Glorion

    Glorion Well-Known Member

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    Yes I know, but I believe the article said that the disability discrimination act supersedes the authority to prevent these animals - however - just because BCs will allow these pets once special permission is sought, does not mean you'll get a look in with the REA once you submit an application with a pet. They'll go for the non-pet person every time.
     
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  11. Plutus

    Plutus Well-Known Member

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    Sounds like a state based rule? I'm 99% sure this isn't a thing in QLD and I doubt stuff like clause 3 (2) of the standard QLD tenancy form (general tenancy agreement Form 18a) "Each lessor named in this agreement for item 1 must perform all of the lessor’s obligations under this agreement." is going to be particularly enforceable just because you wrote an 8yo's name on the document.
     
  12. legallyblonde

    legallyblonde Well-Known Member

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    An assistance animal should not need to be declared. Cabbies in HBT were all getting in huge trouble recently for refusing to allow assistance dogs in cars
     
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  13. legallyblonde

    legallyblonde Well-Known Member

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    It SHOULD be completely irrelevant.
     
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  14. Zepth

    Zepth Member

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    My thoughts are that while this comment shouldn't be true, it is.

    The article said it perfectly, the tenant COULD declare the dog to every agent, get declined 10 times and try to lodge 10 complaints for unlawful discrimination (which would be impossible to prove anyway) or they can hide the dog and then deal with the fallout once it is discovered.

    If more landlords were willing to allow pets instead of the current environment where the vast majority seem to have a blanket 'no pets' rule then an article like this one would never need to be written.

    The biggest mistake that was made by the tenant in this instance was not declaring the dog as soon as they moved in to the property. If she had initiated the conversation it could have been a completely different tone of discussion between tenant and agent/landlord.
     
  15. Greyghost

    Greyghost Well-Known Member

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    So if she didn't declare the dog because of fear of rejection then she did so knowingly.
    The fact that the animal is an assistance dog is besides the point.

    Body corporate than squabble however they wish and argue the legality of it... Doesn't concern me.

    As a landlord I have the right who I select as a tenant. If one of my prerequisites is that there is to be no animals at all living at the premises then bad luck.

    Someone mentioned it is discrimination in an earlier post.. Really? Tenant applies for a property with no wheelchair access.. Sorry sir, this property cannot cater for yiur requirements.
    Isn't that what the whole tenant application process is, scrutinisation...

    Ps. I am an animal lover and owner. We also have pets staying at our IP's.
     
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  16. Dmarkw

    Dmarkw Well-Known Member

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    She
    She probably wouldn't have found a rental property in inner city Sydney either. The reality is, it is next to impossible to get an application approved declaring a pet, unless you offer an enormous premium.

    Certainly wouldn't have sympathy if it wasn't an assistance dog, but still undecided where I stand in the case that it is..
     
  17. Xenia

    Xenia Adelaide Property Manager Business Member

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    Landlords reject applications because people have children or because they don't like certain cultures. I've had people tell me I don't want Chinese, Indian people etc and they have a complete story about exactly how these people are going to behave, and they believe those stories. It may have happened that way once.

    Discrimination is everywhere in property management and we are at the effect of it all.

    It's not only wrong, it's time wasting and it's an extremely expensive opinion to have. I once told a landlord, "your opinion that Asian people are going to damage your house has now cost you $6500 in lost rent plus our time in screening 4 very qualified applications that you rejected"

    They claimed the "kitchen will get too dirty"

    I explained to them that I could have had the kitchen cleaned for less than $400 but they are paying $400 per week just to have an "opinion" that the kitchen was going to get dirty.

    They finally accepted a 5th one which was also Asian tenants.

    Here's the thing, it happens, I hate it but it happens. Should people lie about being Asian or having kids just to get a rental?

    Right/wrong aside and whether it should or shouldn't happen. I agree it should never happen.

    But - do landlords deserve to know who is living in their properties?

    I would rather disclose the absolute truth and try and get some logic into them like the Asian applications above. I personally would not be hiding anything because I disagree with their descrimatory views. It's not fair to do this, whether their views are right or wrong, it's their house.
     
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  18. Leo2413

    Leo2413 Well-Known Member Premium Member

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    I agree the dog shouldn't be an issue, though they went about it the wrong way.

    Having said that, there are certain people (though not many) I would never, ever rent to. Call me whatever you like, I don't care. My investments come first before any PC bs.
     
  19. jins13

    jins13 Well-Known Member

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    I love pets too, however I love how the article tries to touch our human emotions. I agree too, as a landlord, I request no pets. My prerequisite also and if you don't like it, go somewhere else.
     
  20. Ted Varrick

    Ted Varrick Well-Known Member

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    Fair enough, but there are members of the Giraffe Breeders Association of Australia that might be rendered homeless if you don't step up to the plate...
     
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