VIC Tenant keeping a dog out notification to owner or PM

In one of our IP in Melbourne, while visiting our friends who happen to live next door of our IP,. we found out tenant has got dog and neither PM nor we were aware of that. When the tenant moved in they definitely didn't had any pet so in the initial lease agreement there was nothing mentioned about it.

But now that we confirmed they do have a pet, what clause or things we should request tenant? Thanks.

 

...what do you want to request of the tenant?

Honestly, if it was me I'd be happy not knowing.

 

We had a tenant ask can they get a dog. We said yes. Then found out they had 3. We requested they get rid of one dog and sign a pet agreement, which they did. They said one they were babysitting. Included shampooing carpet and flea treatment when they moved out.
I don't think you can do much really.

 

Make the tenants fill in a pet request form. Then do not reply to the request. The request will be granted by default after 14 days. In the meantime, the tenants need to remove the dog. This way, the tenants are informing you they have a pet, the PM will know, and you and the PM can look for detailed pet specific damage during inspetions. Also, you never really agreed to them having a pet as you never replied to the formal request.

 

Ummm, what?

 

This makes no sense? No one is going to get rid of their pet for the 2 weeks it takes to process the application, and it's very difficult to deny an application now anyway

 

Legally they have to. Them the laws in Vic.

 

Please quote the clause to which you are referring.

 

Section 71:

RESIDENTIAL TENANCIES ACT 1997

Without asking for approval, keeping a pet on the premise is generally considered a breach.

 

No, it would just mean they are arguably in breach. There's a difference.

Because it's not a breach you can do anything about. Because you know, you have to apply to tribunal anyway.

 

Classic lawyer splitting hairs between "generally considered a breach" and "arguably in breach".

 

The tenants must still remove the per until the request is approved either by default or explicitly.

 

So they don't, so I'm not sure why you speak so confidently.

 

No they don't.

 

In Victoria, renters cannot legally just get a pet/dog and bring it home. Renters need to ask and acquiesce consent from the rental provider before they acquire a pet. This is why there is 71D.2.

Furthermore, there is 71A.1 where a renter may only keep a pet with the consent of the rental provider.

 

Hilariously from someone who accused me of "splitting hairs", you've conveniently left out the most important principle about how permission for pets cannot be unreasonably refused.

I don't get your take. Wishful thinking? Hoping that telling people the wrong thing might make it true?

 

Exactly. No where in my reply(s) did I say one can unreasonably refuse a pet (not even implied). I'm just informing how to follow the process. May comments remain valid. Short version is: Renters must ask permission before getting a pet, otherwise they may be (arguably) in breach.

 

I don't think I'd like to be one of your tenants. You seem to be very anit-pet.

If the dog isn't doing any harm to the property, and the property is appropriate to the dog, ie, fenced etc, and not a Grate Dane in a studio....etc, then the tenant will be allowed to keep it. Don't stress.

 

Following the process is not anti-pet. The process is there for the benefit of both the Renter and the Rental Provider. Just because the outcome is highly weighted towards a Renter having a pet does not mean a Renter should ignore the process and "just get a pet".