Pet Friendly
Coworking spaces that provide a pet-friendly environment would promote social interactions, alleviate stress, and foster a relaxing working environment. Nonetheless, there are potential risks associated with permitting pets in the workspace.
Risk: Nuisance
(Bringing disturbance on others)
Q1. What kinf of “disturbance” could lead to legal responsibilities? (Is there an actionable nuisance?)
ANS:
- For a nuisance to be actionable, it must be a real interference with the comfort or convenience of living according to the standards of the average person.
- The Court will consider a whole range of factors when deciding whether the nuisance is actionable:
- The circumstances and character of the locality of the neighbourhood
- Any similar interferences which exist or previously existed in the neighbourhood
- Extent, degree and duration of the interference
- Sensitivity of the complainant
- Intention of the creator of interference
- Effect of the interference
Q2. Does the complainant have legal title in the land?
ANS:
- Only a person with a legal interest in the land can bring a action
- E.g., another tenant in the building
Q3. Who is liable?
ANS:
- The creator of the nuisance is liable.
- The operator of the coworking space is aware of the nuisance and allows the nuisance to continue.
- The operator of the coworking space “authorises” or “adopts” the nuisance caused by the creator.
Consequences: Nuisance
Legal Proceedings
The complainer may commence legal proceedings to seek damages. Operators may pay repair costs, alternative accommodation costs, loss of property value, and general damages for annoyance, inconvenience, discomfort, etc.
Injunctions
Complainer may seek an injunction to stop the creator from continuing to create the nuisance.
Injury
Liability: Animal keepers
It should be worth noting that pet owners owe a duty of care in cases where they know that animal is of a dangerous species or possesses a dangerous propensity. In such situations, both the owner and caretaker are held liable towards anyone who may come into contact with the said animal.
READY?
Looking to safeguard your legal responsibilities? Utilise our Coworking Contract Generator for added assurance!