Do we want a right to companion animals?

johnboy 3 August 2008 85

It’s a subject dear to my own heart at the moment, and something that’s increasingly coming up in stories posted by other users.

Body corporates and lazy property managers are imposing blanket bans on companion animals (aka pets).

It’s a problem that, for once, actually can be dealt with by legislation.

So here’s the deal.

I, personally, will preference any candidate at the upcoming election promising a right to reasonable companion animal ownership, one which overrides any body corporate agreement or lease condition, ahead of all other candidates.

Anyone else with me on this one?

A right to reasonable pet ownership in rental agreements and body corporates

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85 Responses to Do we want a right to companion animals?
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jakez jakez 12:48 pm 26 Aug 08

Clown Killer said :

To remove the ‘take it or leave it’ situation I guess

Ahh I get it. The Tenant has to agree to the ban.

Ridiculous. Take it or leave it is exactly how it should be.

Clown Killer Clown Killer 11:46 am 26 Aug 08

To remove the ‘take it or leave it’ situation I guess

Thumper Thumper 11:42 am 26 Aug 08

Body corporates and lazy property managers are imposing blanket bans on companion animals

I do agree that this is a lazy way to operate, but surely the owner could stipulate to the property manager than pets are okay?

Thumper Thumper 11:40 am 26 Aug 08

so long as both the tenant and the landlord agree

Why have legislation if this is the result?

jakez jakez 11:25 am 26 Aug 08

Thumper said :

Surely some sort of education campaign is the thing to do here?

Rather than an iron fist government decree?

I don’t think that is even the way to go. Let society work this out for itself. Pluralism will be the result, not uniformity.

Clown Killer said :

I would imagine that under the proposed changes there would be no problem with restricting pet ownership in rental properties – so long as both the tenant and the landlord agree.

Are you separating that from body corporates? Otherwise I don’t understand what you mean. Surely by your own words, that is what the legislation proposes to do.

Clown Killer Clown Killer 11:19 am 26 Aug 08

I would imagine that under the proposed changes there would be no problem with restricting pet ownership in rental properties – so long as both the tenant and the landlord agree.

Thumper Thumper 11:11 am 26 Aug 08

Surely some sort of education campaign is the thing to do here?

Rather than an iron fist government decree?

jakez jakez 11:08 am 26 Aug 08

Clown Killer said :

Seems the opposition is supporting all but the last amendment(after taking some impartial advice from the building council).

Why did I join the Liberal Party?

Oh well, time to make trouble and get kicked out.

Thumper Thumper 11:06 am 26 Aug 08

That’s why I am happy to let people have pets.

However, I wouldn’t be happy for government to legislate what I can and can’t do with my property. Simply because it’s mine, not theirs.

jakez jakez 11:05 am 26 Aug 08

johnboy said :

Why should the tenant, who is paying for the use of the property have whatever they want in there as long as it isn’t causing damage?

Anyway seeking confirmation, so cool your jets everyone.

I assume you meant ‘not have whatever they want’.

The answer is because they are paying for the use of the property subject to the terms of the contract with which they voluntarily entered into.

johnboy johnboy 11:02 am 26 Aug 08

Why should the tenant, who is paying for the use of the property have whatever they want in there as long as it isn’t causing damage?

Anyway seeking confirmation, so cool your jets everyone.

Thumper Thumper 10:57 am 26 Aug 08

I have to agree with VY Berlina here.

Why should a government be able to tell me what I can, and can’t do with my house in regards to rentals.

Personally, I would allow pets.

Clown Killer Clown Killer 10:48 am 26 Aug 08

Looks like someone’s been keeping tabs on us here at RA.

I heard on the radio (ABC 666) this morning that the Government will today introduce amendments to the relevant legislation that will apparently restrict the ability of landlords and body corporates to interfere with ‘reasonable’ pet ownership (I guess it’s all in the definition really – sixty cats is probably unreasonable, but how many alpaca’s does it take to push the boundaries?). Other amendments will see tennants given improved standing in disputes with body corporates and a requirement for purchasers of appartments ‘off the plan’ to be provided with firm body corporate fees at the time of purchase. Seems the opposition is supporting all but the last amendment(after taking some impartial advice from the building council).

Looks like the pet stores around town might be getting a bit busy in the coming weeks.

VYBerlinaV8_the_one_they_all_copy VYBerlinaV8_the_one_they_all_copy 2:18 pm 05 Aug 08

This thread is hilarious (and I don’t just mean WMC’s comments) – landlords are usually reasonably good at making their own decisions, which is how many of them got to be landlords in the first place. The last thing we need is MORE legislation!

Granny Granny 2:04 pm 05 Aug 08

caf said :

You have to do better than “It’s their property.”, because that argument would support any covenant in a lease agreement – how about “No premarital sex.”?

*hehe*

I can just imagine the prying and peeping out from curtains of nosey neighbours … er, concerned citizens … in that body corporate!

jakez jakez 1:36 pm 05 Aug 08

caf said :

You have to do better than “It’s their property.”, because that argument would support any covenant in a lease agreement – how about “No premarital sex.”? There is obviously a continuum here from the tenants right to free enjoyment of the property they are leasing to the lessor’s right to protect their property. Ownership of pets appears to fall very close to that line, which is why reasonable people can (and do) disagree on which side it falls.

I don’t see at all why I have to do better than ‘it’s their property’, lest I come over to your property and avail myself. It is their property and they should be entitled to set such rules. As for ‘no premarital sex’, market forces would quickly send such a provision packing. However I absolutely support a property owners right to include such a term, despite my belief that it is completely ridiculous.

The tenant has a right to free enjoyment of the property subject to the contract that they voluntarily agreed to. I want to hear your justification for abrogating that. Build for me the philosophical case for the ‘right’ you have expressed.

caf caf 1:02 pm 05 Aug 08

You have to do better than “It’s their property.”, because that argument would support any covenant in a lease agreement – how about “No premarital sex.”? There is obviously a continuum here from the tenants right to free enjoyment of the property they are leasing to the lessor’s right to protect their property. Ownership of pets appears to fall very close to that line, which is why reasonable people can (and do) disagree on which side it falls.

jakez jakez 12:53 pm 05 Aug 08

johnboy said :

And having taken the lease, paid the rent, and committed to make good any damages what business is it of a landlord if you’re keeping a pet?

It’s their property. The no pet provision would have to be in the lease however.

johnboy johnboy 12:41 pm 05 Aug 08

And having taken the lease, paid the rent, and committed to make good any damages what business is it of a landlord if you’re keeping a pet?

jakez jakez 12:21 pm 05 Aug 08

Woody Mann-Caruso said :

I exercise my freedom to choose to have a cat in an apartment. Oh, you just meant choices that agree with yours – like in China, Zimbabwe, etc.

That is an appallingly glib response WMC. You have a freedom to have a cat in an apartment that you own. I suggest that your desire to make the decisions in other peoples property is much more analogous to the authoritarian regimes you have listed.

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