BASTARDS!!!!!!!!!!

The Rental Property in which I reside has new property administrators.

They turned up yesterday with a new lease telling me

I have 10 days to get rid of my dogs and that the previous

agreement was with Ray White not with them.

She could find no fault with the state of the property, or anything else

just that all their leases contain a "no dogs" clause.

I am truly at my wits end.

Dear Martine,

Shit oh dear, as if you two needed more crap thrown your way eh?

Welcome to the Friendly Isles.

Its been a while since I’ve done this sorta thing (tenancy disputes, I mean) but I have a feeling that this one is winnable. You will need to visit the Department of Building and Housings website and in particular, the bit dealing with tenancies.
http://www.dbh.govt.nz/tenancy-index

I have an feeling that the 10 Day Notice can be removed by Order of the Tenancy Tribunal:
essentially, only one material fact has changed in the time between you being granted the tenancy, and now. That change is of property manager / agent for the landlord and should have very little to do with you guys as tenants.

At the commencement of your Tenancy and through its property manager, your Landlord gave you permission to have and keep your dogs. A change of property manager, and a change from the old ones forms to the new ones forms, is largely irrelevant. That is an administrative change for the benefit of the landlord.

There are no changes to the number of dogs you have and keep on your property since the commencement of your tenancy and it is unreasonable that a different agent, purporting to act on behalf of your landlord should attempt to change the status quo in the absence of proof that the dogs are a nuisance or menace or doing damage to your landlords property.

Now, the 10 Day Notice You got is important.

So important that you’d better make ya Application to the Tribunal within that 10 Day period. Working days they are, not Saturdays or Sundays or specific statutory holidays.

The Application will cost $20.00. My shout, if that helps?

If you have trouble with the Department of Building and Housings website at http://www.dbh.govt.nz/tenancy-index please let me know – its not the easiest one to get around. Their Chch office is at
Level 2
10 Nelson Street
Riccarton
Christchurch
PO Box 22-725
Fax (03) 341 7754
Call 0800 83 62 62 to make an appointment or to talk to someone about a renting problem. Office hours seem to be between 8:30am and 4:30pm weekdays.

Martine, keep in touch and please, feel free to ask for any sort of assistance we may be able to offer. God Bless, sweety.

Paddy

I'm with Paddy. I dont think they can do that..

Good Luck

Dear Paddy & Wow

Thanks OK, in the mist brought about by panic you have given me a starting point,

I will do the tenancy thing tomorrow, promise I will go to them and ask.

But going through our current lease it does say no dogs and has not been amended but the Ray White woman did tell us that she had contacted the owner and the owner said it was fine, even the previous tenant had dogs.

I will get in touch with the Housing people tomorrow, in the meantime Graeme has emailed this new one and asked for the email to be forwarded to the owner - no response.

I will ask him to put it in writing.

What is the commencement date of the Agreement, please Martine?

I’d argue that the acceptance of dogs with you, the very first time either the landlord or its professional property manager, (paid for and engaged by the landlord to act in the landlords best interests insofar as the Residential Tenancy Act is concerned ) noticed the dogs and chose NOT TO ACT AND FORCE COMPLIANCE with that clause, has effectively nullified that limitation.

Subsequent to the first time your dogs came to the attention of that first PM, you have presumably paid your rent, not caused damage beyond reasonable wear ‘n tear etc, so you have, ipso facto, become fag smoking, dog owning occupants of a residential dwelling and the curtilage thereof. Too bad, new property manager. One cannot pick and choose which absolute conditions one will or will not enforce. Not now ya can’t, nah nah nah nah nah!

You will need to make a note of dates, as close as ya can, as to when the original PM saw the dogs , smelt the smoke, etc.

Keep in touch, Martine – she’ll be right Maaaaaaaaaaate.

good luck and go get em they have no right

oh thanks paddy and smiley.

It occurred to me too, that we even had a property inspection by some bloke from Ray White prior to the change over, and other than Monty taking a lot of interest in his crotch, had no problems with the three dogs.

So they were in situ with Ray White letting dept's knowledge, even though the lease says no dogs, we got a "verbal OK" from them.

Jeez we even pay an exorbitant amount for security fencing for the property so the wee ones don't wander.

Dear Paddy

You are amazing, thank you for putting the brakes on.

Using the link you gave we contacted the Dept of Housing tenancy people who said that a verbal agreement is binding, and that since we've even had a house inspection where the bloke said the house was "immaculate" miss prissy two shoes still had to wield her new whip, which was terrifying for us.

Once Graeme notified her that he had been in contact with the given Department she made us sweat the whole day out and then emailed us giving us permission to keep the dogs as long as they "behaved themselves" to her "satisfaction" and that she will be doing house inspections to make sure we are not smoking either.

So Paddy nothing but thanks and prayers your way tonight, ever thought about taking up litigation law?? You'd be a shoo in.

Awesome news Martine, I'm so pleased for you

Thanks Poetry, smiley and Donna for the good wishes, I am so grateful that we can keep our kiddiwinkles what a shocker that was.