Legal Advice Sought

[Pheebs]

In all fairness LizT, I totally see your point but this woman is a dog lover/carer first and foremost and a business operator second. I think she counts herself lucky that she's not had to deal with this in the 5 years she's been there. The owner ("proprietor" as the links listed above refer to her as) would have no problem in surrendering her to the pound but the manager just wants to do the right thing by this poor girl.

Edited May 10, 2012 by Pheebs

[alpha bet]

The safest option for the kennel (legally in Victoria) is to surrender the dog to the Lost Dogs Home as abandoned. They will then attempt to contact owner thru last known address and microchip - (which by the way a boarding kennel cannot access the microchip due to privacy laws).

The Lost Dogs home is then able to rehome. The kennel is out of pocket.

Kennels can end up with a dog that they take in good faith, however there is nothing to stop people lying about their details, and any bit of paper signed would be basically useless.

I have been caught out three times over the last 15 years and have had to surrender two but was able to get a letter from one to allow me to rehome. Not everything always goes to plan there are often cases where there are people in odd situations where you give the benefit of the doubt and usually they do the right thing and pay the debt and collect the dog.

It is one of the risks of business.

[Raevon Pugs]

Hi ... Belinda here from Mornington Lodge Pet Resort replying to your query on a legal course of action.

Under the Act, a boarding kennel owns the dog it cares for until it has been paid for services provided. A boarding kennel is legally allowed to sell a dog in its care should the owner not claim the dog and pay board fees due.

So .. the first step is to send a letter by registered mail to the address of the owner of the dog. State in the letter that the dog was due to be collected on a certain date (see if you can include some form of proof of that, ie a contract form signed by the owner when they dropped the dog off?), and that you have been led to believe by 'B' that the owner is not going to do this. You can outline in your letter the steps you have taken to track the owner down, and any conversations you have had with 'B'. Note in the letter he sum of $550 is now owing, and the owner has 7 days in which to contact you. If you do not hear by x date, you will be rehoming the dog.

You then wait for that date to arrive, if no word from the owner, you are then legally allowed to rehome or sell the dog to recoup expenses.

Hope that helps.

[Guest lavendergirl]

Hi ... Belinda here from Mornington Lodge Pet Resort replying to your query on a legal course of action.

Under the Act, a boarding kennel owns the dog it cares for until it has been paid for services provided. A boarding kennel is legally allowed to sell a dog in its care should the owner not claim the dog and pay board fees due.

So .. the first step is to send a letter by registered mail to the address of the owner of the dog. State in the letter that the dog was due to be collected on a certain date (see if you can include some form of proof of that, ie a contract form signed by the owner when they dropped the dog off?), and that you have been led to believe by 'B' that the owner is not going to do this. You can outline in your letter the steps you have taken to track the owner down, and any conversations you have had with 'B'. Note in the letter he sum of $550 is now owing, and the owner has 7 days in which to contact you. If you do not hear by x date, you will be rehoming the dog.

You then wait for that date to arrive, if no word from the owner, you are then legally allowed to rehome or sell the dog to recoup expenses.

Hope that helps.

Hi Belinda

Can you advise what Act you are referring to? I would be interested in having a read of the legal regulations governing boarding kennels. Thanks

[LizT]

A very sad situation, however if it were the dog of one of my kids I would pay the outstanding fees and spring it.

[Pheebs]

Wow - thank you all so much for your advice! Thank you Belinda - your post has echoed what I believed to be the case (the manager doesn't have the heart to surrender her to the pound for them to put in the hardwork so as long as the poor dog is there I think she feels she can monitor her more closely, give her the attention she needs in the interim, etc.)

[Salukifan]

Anyone who acts on "legal advice" given over the Internet is a damn fool IMO. Pheebs tell the owner to go and see a solicitor and to take her boarding contract in for review while she's at it. There is no way in Hell a boarding kennel owner "owns" the dogs under their care. What they have is a lien over the dogs until payment is made. Seriously tell the owner to spend the money for some qualified legal advice.