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WA Issued a Breach of Tenancy Agreement

Discussion in 'Property Law Forum' started by ResurgetExFavilla, 16 May 2014.

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  1. ResurgetExFavilla

    30 April 2014
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    I recently had a property inspection scheduled, and was issued with a "Breach of Tenancy Agreement" because our 7 month old puppy was inside. I was away at work during this time. Note that keeping pets outside the building is NOT part of our signed agreement, and the Real Estate Agents acknowledge this.

    However, I was mailed a letter two weeks prior to the inspection stating (among other things):

    "Please ensure that all animals are secured or removed from the property on the day of inspection"

    Does not complying with the above statement constitute a breach of tenancy agreement?

    I live in Western Australia, and this is our second inspection.

    Thanks a lot!
  2. John R

    John R Well-Known Member

    14 April 2014
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    Hi Mike,
    I assume that you received a Form 20 - Notice to Tentant of Breach of Agreement (other than failure to pay rent). If yes:
    1. Has the real estate agent clarified why they believe that you've breached the agreement? For example, if you agreed to the standard template Residential Tenancy Agreement, the real estate agent may be relying on a clause under the Pets section similar to: "The Authority may at any time by notice require the tenant to stop keeping pets on the premises and to remove them".
    2. What has the real estate agent proposed for you to remedy the breach?
    3. Have you contacted the WA Department of Commerce for advice?

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