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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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Hi My landlord of 3 and 1/2 years has given me notice to remove

Customer Question

Hi
My landlord of 3 and 1/2 years has given me notice to remove my dog from the flat I rent. There has been a problem with another tenants dog being aggressive towards other tenants but they investigated the complaints and have sent mean email acknowledging that they know is was not my dog but they have to give notice for removal of all dogs to everyone who has a dog as it is against the law to give notice to one only. Is there anything that I can do to challenge this ?
Thanks Alex
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What type of contract are you on please?
Customer: replied 3 years ago.

it's a 12 month contract ending in January 2014

Expert:  Jo C. replied 3 years ago.
Does the contract allow you to keep dogs?
Customer: replied 3 years ago.

I was given permission but there is a clause to withdraw with reasionabl e justifcation

Expert:  Jo C. replied 3 years ago.
What does it say please?
Customer: replied 3 years ago.

permission is give for the above named pet to reside at property but such permission can be withdrawn at anytime with reasonable justifacation

Expert:  Jo C. replied 3 years ago.
I'm not sure that clause would stand up to scrutiny anyway.

In any event, even if it is legitimate there does need to be 'reasonable justification' and, on the face of it, there is none here.

I'm not sure though that its right to say that they would have to give notice to every dog owner. Some dog owners or dogs may give rise to more problems than others.

The better point here is that there is no reasonable justification.

In any event, if this is an AST then its very unlikely he would be able to evict you on this basis alone. Its a discretionary breach even if its a breach at all and its for the court to assess whether a possession order is appropriate. That is unlikely.

Can I clarify anything for you?

Jo