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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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What recourse do we have in the following situation: We signed

Customer Question

What recourse do we have in the following situation: We signed tenancy agreement for a flat in a mansion block where the owners' association does not allow dogs. The owners of our flat knew this yet they wrote a provision for the dogs into our agreement. They led us to believe that they had the authority to allow dogs in the flat. The Owners' association has forced the owners of our flat to serve us notice. There is a 6 month break clause in our lease. However, our position is that the owners put the pet clause in our lease in bad faith and caused use to give up other suitable flats which did truly allow pets just so they could get some money out of the flat knowing that they could simply throw us out without regard to the fact that they were causing us unnecessary expense and stress having to move twice in less than one year. What we seek is reimbursement at least in part for the expense of having to move again because the owners lied to us and made an agreement that they knew they had no authority to make.
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 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 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.

Alex Watts :

Have you approached and ask for compensation in terms of extra costs etc? If so, what was the response please?

JACUSTOMER-0ot4agu3- :

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

Alex Watts :

This was a clear term which you wanted included and indeed they have misrepresented that there was permission.

Alex Watts :

If this is the case then you can claim breach of contract for false representation and claim damages and compensation.

Alex Watts :

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.

Alex Watts :

You would also be able to claim any moving fees and agency costs as a result.

Alex Watts :

You would also be awarded a sum because they actually lied.

Alex Watts :

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.

JACUSTOMER-0ot4agu3- :

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

Alex Watts :

If they refuse then you can issue proceedings for breach of contract by false representation.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-0ot4agu3- :

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?

Alex Watts :

No. If it is a day late then it is late. It is too late.

Alex Watts :

Does that help?