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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Sir or Madam, We have been put in a situation where

Customer Question

Dear Sir or Madam,

We have been put in a situation where we are being forced out of our flat for having a pet rabbit which is in our contract with the landlord. The management company have found out and sent the landlord a legal letter requiring that the animal is to be removed from the property. There is a lease between them and our landlord of which states no pets, our landlord basically said 'that we need to look at our options' of which he later stated as get rid of the animal or move out.
We are in our contract until august and he has agreed to release us a month early on terms that we could get our bond back a few days before moving out as it would be used for our bond on the next property.
We have been informed from the landlord that there is no chance of receiving our bond back before the 15th July as it would take up to a week to get the funds back and he is not happy to give us the bond back before we leave, we feel that we have been mis-sold this flat and back into a corner as we have no means to get out, especially as this has effected our business as we work from our home and our 3 year old son has just settled in.

Any help would be appreciated.

Kind Regards
Sophie Davis
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is it in writing that he would accept the pet in the property please?
Customer :

Yeah we have it in writing in our contract that the landlord would accept one rabbit within the property

Alex Watts :

Thank you.

Alex Watts :

In that case there is a contract between the tenant and landlord - this is binding

Alex Watts :

The contract can NOT be broken

Alex Watts :

If the landlord has breach his contract with the management company, that is a contract matter between them

Alex Watts :

Sadly though it does mean the management co could try and seek possession of the property.

Alex Watts :

But as it stands at the moment, you have the pet, you do not need to get rid of it, because you have been given permission by your landlord

Alex Watts :

It is for the Landlord to sort out with the management co - not you

Alex Watts :

can I clarify anything for you about this today please?

Customer :

so does this mean the landlord is in the wrong? that this is his fault that we are in this position? we are having to re-home as we are not willing to remove the rabbit as its my sons rabbit and we all very attached to him. there has already been a legal letter to our landlord to remove the rabbit by 20th june from management. Also due to having to re-home we are willing to move and find somewhere as soon as we can but we need our bond released to put it down on the next property but our landlord is not willing to release the bond even though he is the one in the wrong

Alex Watts : Please note I am on holiday so there may be a delay.
Alex Watts : The landlord is wrong yes.
Alex Watts : He needs to sort it with the management co
Alex Watts : Does that clarify?
Customer :

Okay thats fine don't worry about it, the management have spoke to him and told him he is in the wrong and then they have spoke to us and said we can get our bond back due to breach of lease and that we can also claim back our expenses put into his property and the removal to the next place as we would not of been moving property is it wasn't due to him being in the wrong.

Alex Watts :

Exactly. Yes you could claim all that back and indeed extra expenses if you have to pay higher rent

Alex Watts :

Does that help?

Customer :

what is the best way of doing that?

Alex Watts :

You would write and set out the position and ask for payment, if the Landlord refuses issue a small claim

Alex Watts :

Does that clarify?

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