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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I rent a flat and recently got given a dog which was against

Customer Question

I rent a flat and recently got given a dog which was against the tenancy agreement. I informed my landlady of this who stated she would not allow dogs on her property. I received a letter from the estate agents the following day stating dogs are not allowed and that should the dog continue to be in the property then a court notice would follow. I have found somewhere else to rent which accepts dogs, however my current landlady is demanding that I pay a further 2 month rent as I was on a 6 month agreement. Do I have to pay for a property I am no longer living in? Even though the reason I found somewhere else is to stop a court order in the first instance?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract is it please?
Customer: replied 2 years ago.
Its a 6 month tenancy agreement. Of which I have been in the property for four months
Expert:  Jo C. replied 2 years ago.
Is this an assured shorthold tenancy agreement please?
Customer: replied 2 years ago.
Yes I believe so.
Expert:  Jo C. replied 2 years ago.
What are the dates of the AST please?

Is there a break clause?
Customer: replied 2 years ago.
The dates are from 3 sep 13 for 6 months. From what I can gather from the agreement there are no break clauses.
Expert:  Jo C. replied 2 years ago.

That is all I need to know and Im afraid its bad news.

You are locked into a contract which runs for 6 months and so does not end until March 2014.

The fact you have a dog now is a breach of the AST and the landlady could seek to evict you using S8 although its not likely she would succeed.

However, the fact that she says she will evict you if you do not move the dog on does not mean you are released from the AST. Unfortunately you are liable to pay until the end. She is offering to let you leave early by giving notice and that is more than you would get at court I'm afraid.

Of course, if she did serve a S8 notice and got a possession order then you would be released. That hasn't happened here though.

I'm very sorry but thats your position.

Hope this helps. Please let me know if you need more information.


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