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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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On February, I rented a flat. In the application clearly

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Hi, on February, I rented a flat. In the application clearly states( the same in the tenancy agreement) that I have a dog and the landlord allows me to have her..!! Today, I accidentally met the man who is responsible for the building and when he saw me having her, he told me that the building rules states that no pets allowed..!! And I have to get rid of her..!! So simple..!! As its not my fault at all, estate agent and landlord should know and inform me so prior to sign, I wonder what I can do.. Of course, I can't get rid of her but also who will compensate me for all this.? As I need to move to somewhere else..!
Many thanks *****
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

Hello George my name is ***** ***** I will help you.

Is it no Pets all together, or not without managing agents permission?

Customer: replied 6 months ago.
I have Landlord's permission and it is written in the tenancy agreement.. Though the building management does not allow to have pets, therefore I ve been asked to get rid of her, ( from the property manager)
Customer: replied 6 months ago.
It is not allowed at all in the building but the estate agents( Foxtons) and the landlord didn't know it,I suppose as they didn't refer it at all
Expert:  Ash replied 6 months ago.

Ok. Then you can refuse because it's in your agreement. If the management insist and things get legal, you can move out and then sue the landlord for breach of contract - you would be entitled to claim back additional costs and damages.

But I suspect it may be it is in your agreement that you have to comply with the management rules. But in that case you may not have a choice but to leave and then sue.

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Alex

Customer: replied 6 months ago.
Ok, I thought so.. But what about the estate agents..? It's their fault too..! They said it's allowed ( this is a kind of fraud, isn't it?)
Expert:  Ash replied 6 months ago.

Yes that's right. Does that clarify? Alex

Customer: replied 6 months ago.
that means I can sue them too? What is the legal procedure from the management? Notice and then court action, I suppose but how long can it takes roughly? I mean the notice is for 2-3 weeks? And then court? Many thanks
Expert:  Ash replied 6 months ago.

Yes yo can sue all of them. Management can warn notice you and then issue proceedings. Alex

Customer: replied 6 months ago.
Notice , for how long , though? Is there a minimum period?
Expert:  Ash replied 6 months ago.

Notice 28 days. Does that clarify? Alex

Expert:  Ash replied 6 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: replied 6 months ago.
Hi, on last Monday, I received the attached letter.. Also , I tried unsuccessfully to discuss the matter with Foxtons ,as the letting manager has avoided to meet me so far.. The Foxtons agent ( the girl who had rented me the flat) though tried to tell me that the fault is from the Landlord's side and it should be better to negotiate directly with him.. What is your advice? Could you , by any chance, represent me in that case? If so, what is the price? Many thanks
Expert:  Ash replied 6 months ago.

Thanks. It appears they say that the Landlord said no pets - but clearly that must be wrong.

Sadly I cant represent you, its against site rules.

You need to see if others have pets and if so why they have been allowed to keep them.

If your pet isnt making noise or mess then it shouldnt be an issue.

PLEASE do rate my answer as the site doesnt pay me for ANY time spent with you.

Alex

Customer: replied 6 months ago.
It is wrong as he has signed the tenancy agreement who clearly allows me so..! There are no other pets in the building .. She is very quiet but we met each other in the elevator and then he saw the dog.. I am expecting to meet Foxtons letting manager and I need to ask you some more questions.. I will rate you soon after that..! Many thanks
Expert:  Ash replied 6 months ago.

Yes I agree its wrong. its a fundamental breach of contract by the Landlord and you could leave without penalty.

Does that clarify? Alex

Customer: replied 6 months ago.
Hi, I received the attached letter from the Landlord's lawyer, full of lies.. How the dog is making noise last week and not so many months ( since Feb)? In fact, last week hasn't stayed alone at all..!! I can assure you 100%..!! His lawyer is trying to cancel his signature in that particular clause..! Both letters are not matching..! Please advise..!
Expert:  Ash replied 6 months ago.

Ok - well you can either fight it or move out.
If its against the Managing Agent rules technically you are bound and would have to remove the dog.

So you can either fight this and it goes to court or move out. Sadly you cant stay and keep the dog

Can I clarify anything?
Alex

Customer: replied 6 months ago.
But, can I sue them afterwards? And this letter is not the legal(28 days) notice, isn't it? And usually, in average, how long after the notice will be the court? Also, do they have the legal right for inspection?
Expert:  Ash replied 6 months ago.

No, this is not legal notice, its a warning.

Court proceedings would be issue 28 days after legal notice. They only have a right to inspect if its in the tenancy agreement.

Yes you can sue after.

Please do remember to rate, otherwise I am not paid for all this time spent - thanks. Alex

Customer: replied 6 months ago.
In the warning, the lawyer says that they can inspect in my flat, if the dog is in or not, on 15/7/2016.. Shall I let them to enter in my flat?
Expert:  Ash replied 6 months ago.

Its up to you. They can only do it if the tenancy agreement permits inspection.

You need to check that agreement.

If you rate the question does not close and you can ask me follow up ones for free.

Alex

Customer: replied 6 months ago.
This is the clause which describes the entry permission.. What do you think re the previous question?
Shall I use the button on the top of the page for the rating?
Expert:  Ash replied 6 months ago.

Yes, there should be stars or smiley faces.

The tenancy ONLY allows for inspection during the FINAL two months. So you can refuse.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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