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We are currently living in an apartment owned by the Meriton

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

We are currently living in an apartment owned by the 'Meriton' corporation. They have created what I believe to be a completely fictional license called a pet license to keep a pet on the premises. They're terms are that you must pay 4 weeks rent to cover the license. Rent is currently $670p/wk so $670x4=$2,680. This is an upfront payment that is not returned at the end of lease. How is this legal? Would my bond not cover any damage caused. It must be mentioned that they do have a 'By-Law 16- Keeping of animals: "The tenant must not, without the approval in writing of the landlord, keep any animal in the flat or the common area". The dog(a little pomeranian, toilet trained and doesn't make a sound) belongs to my gf who stays with me 4-5 days a week. Your assistance in the matter would be greatly appreciated.

 

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Province: Waterloo, NSW(Sydney)

Already Tried:
I just spoke to Building management and explained it was my gf's dog and that her name is XXX XX the lease and the dog is not mine and she explained this payment which must be made which i find unlawful. I told her i would happily put down a $10,000 deposit towards my bond to cover any possible damages as i know i would get it all back but a $2,650 payment for a dog that my girlfriend has owned for years is ridiculous. The 2 previous building managers allowed it...

Submitted: 644 days and 1 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Sydney-Lawyer replied 644 days and 1 hours ago.

Good Afternoon,


Have you seen the by-law that they have referred to?

Is there any mention of the licensing fee that they have asked for?

Does the lease you have singed with them mention this fee?

Customer replied 644 days ago.

In the original Residential Tenancy Agreement there is By law 16. 'Keeping of animals. 1. Subject to section 49(4), an owner or occupier of a lot must not, without the approval in writing of the owners' corporation, keep any animal on the lot or the common property. 2. The owners' corporation must not unreasonably withold it's approval of the keeping of an animal on a lot or the common property.'
There is zero mention of a licensing fee if/when a dog is purchased. What I find incredibly odd is that they base the fee on weekly rent which is different depending on what level of the building you live in instead of a set fee.

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Expert:  Sydney-Lawyer replied 644 days ago.

Good Afternoon


Then can you tell me under what authority do they claim to be able to charge the licensing fee?


Customer replied 644 days ago.

My point exactly and you've knocked it on the head with that question. I too asked at reception if this payment was lawful and then the buck was passed to her superiors. I informed her that I would send her an email this afternoon with my concerns. I first needed some advice. How should I proceed in my dealings? I certainly don't want to be evicted because of my girlfriends dog and she's voiced how she doesn't particularly want to keep it at her mothers. I have a feeling they may send me an eviction notice if i don't get rid of the dog and they're grounds will be that a broke the residential tenancy agreement by allowing the dog on premises.

Accepted Answer

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Expert:  Sydney-Lawyer replied 644 days ago.

Good Afternoon,

It appears to me that this is something that they cannot do and it is a matter that you can take to the CTTT to have decided.

Before you go to this step ask them for a copy of the By-law that talks about pets.

The key is that they cannot withhold their consent unreasonably. If they are saying that you pay or there is no consent this is not reasonable.

Also there is nothing in the lease that says their is a fee.

I agree if they want a higher bond which is refundable this is reasonable.

The decision is yours but form what you say there is nothing that gives them the right to collect the money and it is extortion.

The choice as I said is yours.

I hope this is of assistance and if so please click on the accept button.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16627
Answered: 7/6/2011

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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