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Pets

By Kirsty Scriven on Mon, 16 Apr 2018 at 14:36

We moved into a new complex 1 March. We went through a letting agency. Filled in all the required forms. Landlord approved and gave us permission to keep both our dogs. We have since found out that there is a weight limit for dogs and now body corporate are not happy with one of our dogs who is slightly over 10kgs. Turns out the owner did not get permission for our dogs before we moved in. We are yet to receive a copy of the body corporate rules and as far as we know did everything that was required from our side.

Basically want to know what rights we have to keep our pet as trying to rehome her is not an option. Basically been told we have 21 days to prove weight of our dog is under 10kg. The weight is the only issue they have with her. We have asked if she is causing a nuisance to others and the answer was No

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RE: Pets

Murray Bennett replied on Mon, 16 Apr 2018 at 22:28

The conduct rules of the complex should form part of your lease in terms of the rental housing act which states: '(8) A copy of any House Rules applicable to a dwelling must be attached as an annexure to the lease. Definition of House Rules: "House rules means the rules in relation to the control, management, administration, use and enjoyment of the rental housing property." This is a matter between yourself, the letting agent [who should be a qualified estate agent and should have included the rules as an annexure to the lease] and the landlord. The landlord needs to try and negotiate with the Body Corporate [you have no legal relationship with them & everything must be handled throgh the landlord] In my opinion if the landlord granted you permission for the pets without being authorised to do so, you have the right to cancel the lease and it's possible with legal assistance that you could claim damages.

RE: RE: Pets

Murray Bennett replied on Mon, 16 Apr 2018 at 23:23

Interesting reading:
www.saflii.org/za/cases/ZAKZDHC/2014/36.pdf

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