Ker Posted May 25, 2011 Share Posted May 25, 2011 I had a visit from the real estate person in charge of my house yesterday. Apparently, there was a complaint put in about me. There was a lot to it, including that I have been abusing people. I have barely spoken to anyone around here! One neighbour, I took my kids over to apologise when they were caught throwing plums over his fence and the lady on the other side I have spoken to numerous times, but we get along very well. Anyhow, the person also put in a complaint that my dogs bark. Yes, they are dogs and they occasionally bark. I am very mindful of it and always quiet them when they do. They are not barking while I am out as they are crated inside whenever I am not home. They sleep inside so it's not a nighttime issue either. I have a feeling I know who did this. It's either an ex friend who I had an argument with, or it is the strange man next door. He told my son to shut up some months ago. He was playing on his swings and not making a huge amount of noise. My RE agent and I get along very well and I told her I think I know who did it, and that it was an ex friend. The complainant didn't give a name - naturally. What could happen from here? Am I likely to get in hug4e trouble? How much does a dog have to bark to be considered a problem? Link to comment Share on other sites More sharing options...
korbin13 Posted May 25, 2011 Share Posted May 25, 2011 If it was anonymous I wouldn't get too anxious about it. If I was the RE agent I wouldn't have taken the complaint without a name and address, I would have explained that a complaint can only be lodged if details were given even if they weren't passed onto you. If they went to the council about the barking dogs they would have to give name and address! Link to comment Share on other sites More sharing options...
Dogsfevr Posted May 25, 2011 Share Posted May 25, 2011 Does your neighbour now who is your RE agent?? Or does your friend now ?? Link to comment Share on other sites More sharing options...
WreckitWhippet Posted May 25, 2011 Share Posted May 25, 2011 It's a council issue not an RE one. Link to comment Share on other sites More sharing options...
Ker Posted May 25, 2011 Author Share Posted May 25, 2011 I assume my friend does. And I'm pretty sure you can find out through the council. Link to comment Share on other sites More sharing options...
W Sibs Posted May 25, 2011 Share Posted May 25, 2011 It's a council issue not an RE one. +1 Link to comment Share on other sites More sharing options...
Leelaa17 Posted May 25, 2011 Share Posted May 25, 2011 It's a council issue not an RE one. +1 it can be a RE issue if in the rental agreement you have signed to having dogs at the property, and normally on a RA you will have to sign that you will minimise their noise, flea bomb the place when you leave, pick up their droppings etc. did you sign something like that? because if you did then sometimes it can be a RE issue... Although, whoever contacted the RE were contacting the wrong people, they would need to contact council... all the RE can do is come and make you aware of the complaint etc etc. Link to comment Share on other sites More sharing options...
WreckitWhippet Posted May 25, 2011 Share Posted May 25, 2011 Have another chat to the RE, tell them that you believe it's a vexatious complaint and ask them to tell the person who made the complaint to take it up with council. In the meantime, keep a bark diary of every bark you hear from your dogs, what you did about it and the dog noises from around the neighbourhood. Link to comment Share on other sites More sharing options...
Ker Posted May 25, 2011 Author Share Posted May 25, 2011 Yes, on my lease it includes the dogs. There was nothing on there that I had to pick up their droppings or anything about fleas. I do and the lawnmower man can and will attest to that. When she was here yesterday she said she doesn't see any problems. The dogs did bark when she knocked at the door, but stopped when I told them to. I'm hoping I don't get a council visit. Link to comment Share on other sites More sharing options...
WreckitWhippet Posted May 25, 2011 Share Posted May 25, 2011 Yes, on my lease it includes the dogs. There was nothing on there that I had to pick up their droppings or anything about fleas. I do and the lawnmower man can and will attest to that. When she was here yesterday she said she doesn't see any problems. The dogs did bark when she knocked at the door, but stopped when I told them to. I'm hoping I don't get a council visit. I wouldn't fear the council either. Just start the diary now and tell them if they arrive on the door step, that you believe it's vexatious. Show them your bark diary and explain that if your dogs do bark, they are reprimanded. Link to comment Share on other sites More sharing options...
Leelaa17 Posted May 25, 2011 Share Posted May 25, 2011 Yes, on my lease it includes the dogs. There was nothing on there that I had to pick up their droppings or anything about fleas. I do and the lawnmower man can and will attest to that. When she was here yesterday she said she doesn't see any problems. The dogs did bark when she knocked at the door, but stopped when I told them to. I'm hoping I don't get a council visit. Fair enough. I wouldn't worry too much about it. And even if you do get a council visit, they may send someone at random times to listen to any noises and if your dogs are in at night and if they are crated when u aren't home then you will be absolutely fine - especially if you shush them when they start barking. If they really aren't problem barkers then you have absolutely nothing to worry about, and from you've said... they aren't problem barkers! something that you could do is contact council and ask a question (don't say someone has made a complaint) just tell them you were simply curious as to what could happen if someone made a complaint... tell them exactly what you told us and im sure council will say you have nothing to worry about. Link to comment Share on other sites More sharing options...
budgiew Posted May 25, 2011 Share Posted May 25, 2011 I think if it was a neighbor they would have complained to the council.;ring them and ask if a complaint was made. We used to live next door to dog breeders;and they often asked us to tell them if the dogs were barking too much at any time.On a few rare occasions we did tell them and they always did something about it.Perhaps go see all the neighbors and ask them if the dogs are annoying them .This will set your mind at rest;and you can sort out any issues if there are any. Link to comment Share on other sites More sharing options...
Danois Posted May 25, 2011 Share Posted May 25, 2011 It can be a Real Estate issue as you have an obligation not to create a nuisance for neighbours (under standard NSW Residential Tenancy Agreement). The REA needs to tell the complainant to refer the barking issue to the council for them to address. It would be a brave REA who would breach you under your lease with complaints that have not gone to council. Link to comment Share on other sites More sharing options...
spoilt lab lives here Posted May 25, 2011 Share Posted May 25, 2011 It can become a R/E issue if your lease agreement states you must not be a nuisance etc etc If they agent wasnt too worried and didnt issue you with any warnings then I wouldnt worry too much. Link to comment Share on other sites More sharing options...
Fatsofatsoman Posted May 25, 2011 Share Posted May 25, 2011 We had a similar situation when I was growing up at home. We had a neighbour two doors down who had it in for us (he went to kick my sister for entering his yard to get a ball - I caught him and chased him up his stairs - my sister was 8 I was around 16 - he was around 40, anyways beside the point). He called the council around 20 times saying that my dad's greyhounds were barking non-stop all day everyday - we went and saw him and told him it wasn't our dogs (they never ever barked) and that next time could he come down the two doors to make sure it wasn't ours before complaining again. He told us to eff off. He kept complaining and the council did 5 spy/investigation trips to our house - not once were the dogs barking. The council even commented on how well looked after and equipped the dogs were. The man complained again and got issued a warning that if he complained once more the council would take action against him. We had nightmares with this bloke - and as a youngster it took all my might not to abuse and threaten him. He even smashed our other neighbours window by hitting it with a broom to tell them to turn the music down. i don't know where I was going with this I kind of went off on a tangent - oh yeah, the council in our case were great and could see a frivolous complaint - never did we feel hassled by them. Link to comment Share on other sites More sharing options...
paplover Posted May 25, 2011 Share Posted May 25, 2011 If you have any trouble with your Re you can contact Tenants' Union of NSW Tenants' Union of NSW I have used them a few times here in Qld and they only work for the Tenant Link to comment Share on other sites More sharing options...
PetSitters Posted May 25, 2011 Share Posted May 25, 2011 (edited) What I would advise in a council visit is to ask for times and dates when the dogs were supposedly noisy which they are unlikely to provide which at that stage it's ultimately hearsay and there has to be some proof in the allegation before any action can take place. I would explain that you crate the dogs when going out and you can't recall any times where the dogs could have barked to the point of creating a nuisence when you are home and question is it actually your dogs the complaint is against or an assumption? I work with barking dog issues in the south of Adelaide and the rangers are fairly reasonable down our way and allow you some time to straighten things out if they are a bit noisy, especically at the first complaint. I wouldn't worry too much at this stage but keep your eye on the situation and reduce barking where possible. The SA law is "barking to the extent of causing a nuisence" so dogs can have a bark but not to great excess for hours on end is the basis of the law and what they look for primarily. With the Real Estate agent just deny it and tell them no way is excessive barking coming from your dogs the complainant must be mistaken and likewise ask for dates and times this was supposed to have occurred. Edited May 25, 2011 by PetSitters Link to comment Share on other sites More sharing options...
Ker Posted May 26, 2011 Author Share Posted May 26, 2011 The SA law is "barking to the extent of causing a nuisence" so dogs can have a bark but not to great excess for hours on end is the basis of the law and what they look for primarily. Thank you! That is exactly what I was after. The council sites didn't have info on what exactly substituted a nuisance barker. My dogs are definitely not nuisances. When they are let out in the morning, my lappie will have a run and bark, because she's happy to be out, but she settles down quickly. The malt is a bit of a barker but she will stop if I tell her to. And both bark when someone comes to the door. That is about it. I'm very mindful of them barking and correct them. I'm actually wondering if they have the wrong person. There's a dog somewhere at the back that alternates between crying and barking. ALL day. Link to comment Share on other sites More sharing options...
Muttaburra Posted May 26, 2011 Share Posted May 26, 2011 It seems strange to me the complaint went to the RE, unless you are in a small country town, not everybody would know that you rent, or who the RE is. Anyway, sounds like malicious complaint. Ask the RE to take the name if they are contacted again, they don't need to disclose it to you, however they could check it against your information of the name of the person you think it is. Presumably they don't live that close to you, so shouldn't be bothered by your dogs? Link to comment Share on other sites More sharing options...
Pudel Posted May 26, 2011 Share Posted May 26, 2011 I believe a dog can be considered a nuisance in Victoria if it barks for 6 minutes non stop, or 10 minutes in an hour. I may be wrong on this but it is something I was once told and stored in my necktop computer. Also if they bark a lot after 9.30pm. 6 minutes is a lot of barking. I also assume it is not one instance, but more comman barking than this happening once or twice. Link to comment Share on other sites More sharing options...
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