we rec’d a termination notice of our lease on friday….can you belive it? apparently because they never agreed to let us havea dog…well as per my letter that i sent to the real estate agent i beg to differ…they did give us until the 3rd november but we have found out that is was not 14 working days and as such was an invalid notice….but ell still not happy jan…
This is the letter i sent….
I refer to your letter dated 18th October 2003 regarding termination of our Tenancy agreement, received on the 24th October 2003.
It is our understanding that we are allowed to have a dog as per the many conversations and phone calls to your office and the verbal agreement you have given us.
Before we moved in we specifically asked about owning a dog and as the response was positive we moved in. We were moving from an apartment to a house for the purpose of buying a dog. We also discussed our prospective dog whilst signing the lease agreement. Almost a week later the side fence was pulled off it hinges during the day sometime, and as specified by us over the phone, our dog was being picked up on Saturday and we needed the fence fixed before the weekend. You organised this to be fixed with our landlord.
Our dog then went through the rotten part of the fence into the neighbour’s yard on the October long weekend and you called Tuesday morning and told us you were coming over in an hour to see the fence. There was only 1 hour notice to this visit not even 24 hours. At this visit, you met our dog and then advised us you were under the impression we were getting a small dog. The size of our dog was never discussed with you. We were not requested to get rid of the dog at any stage by you. Our dog has been discussed many times throughout our tenancy agreement and you have never advised that we were not allowed to have one.
On this occasion our neighbour, Norma, instead of contacting us, contacted the landlord and personal friend, Wendy Moore, in the Blue Mountains complaining about our dog barking at night. You have apparently received a few complaints regarding the barking at night of our dog.
Regarding the barking of our dog, he has always slept inside at night and as such sleeps soundly in our bedroom until the morning when we let him out for the day. During the day he makes minimal noise and a lot less than the other dogs in adjoining yards.
Please be advised that I have contacted the Department of Fair Trading and Tenancy Complaints. They have advised me this course of action and as such I will be following their directives.