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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have you approached and ask for compensation in terms of extra costs etc? If so, what was the response please?
We have asked. The only response from the management company is that the owners have given her no answer. And we asked that question about 6 weeks ago so I think they have answered it by not answering
This was a clear term which you wanted included and indeed they have misrepresented that there was permission.
If this is the case then you can claim breach of contract for false representation and claim damages and compensation.
You would be entitled to leave the property, rent the same type of property and seek reimbursement of the difference. It must be the same type and standard but not superior.
You would also be able to claim any moving fees and agency costs as a result.
You would also be awarded a sum because they actually lied.
You need to find out what your losses are and set these out and demand payment within 14 days or say you will go to Court.
Yes the pet clause was written into our tenancy agreement and the owners' associating was clear i their writing to us that they have never given any owner permission to have dogs in their flats
If they refuse then you can issue proceedings for breach of contract by false representation.
You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to your local County Court.
The Court would then issue the claim and they would have a limited time to defend it, if not you could enter Judgment and enforce it.
If they defended then the matter will be set down for a hearing. If the claim is worth £10,000 or less it would be a small claim and you would not need legal representation.
Can I clarify anything for you about this today please?
The owners have sought to invoke the break clause but the 6 month period was up yesterday and we go the notice today is can they serve us notice one day late?
No. If it is a day late then it is late. It is too late.
Does that help?