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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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Just rented a house through an estate agent for six months

Resolved Question:

Just rented a house through an estate agent for six months when we moved in i discovered the previous tenants had a dog. My son has an allergy to animal hair's so we left the same day wgat rights do i have
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was this an AST?

Surely the dog wasn't still there?
Customer: replied 3 years ago.

No the dog wasn't but because a dog had been living there my son can't stay there and we wrre not told by the estate agent s that there had been a dog there. I didn't ask either?

Expert:  Remus2004 replied 3 years ago.
I'm sorry if I'm missing the point but why couldn't he stay there because a dog had been living there?
Customer: replied 3 years ago.

My son has an allergy to animal hair's he couldn't stop itching abd went very red etc in a space of ab hour

Expert:  Remus2004 replied 3 years ago.
Yes, I understand that but surely that would only be upon exposure to a dog? There is no dog there?

That is right, isn't it?
Customer: replied 3 years ago.

He is very sensitive to it and the house still smells of dog a little and there was traces of dog hair's there and as a result uts put me of living there . Is there anything i can do to get out of the agreement

Expert:  Remus2004 replied 3 years ago.
Thanks.

To be wholly honest, you are going to struggle. This is an AST and they are difficult to escape even where there are breaches. In this instance, there are none. They did not represent there would no dogs in the house previously. The fact that the previous tenant had a dog does not amount to a disrepair issue. It would be different if the house were left in need of a professional clean but even then you could not escape lawfully.

I think a court would probably accept there was a need for a professional clean though. If the house smells of dogs slightly, even considering that he is probably more sensitive than most, that would tend to suggest it wasn't professionally cleaned.

The problem with that is that you didn't seek a professional clean but left instead which might be considered excessive. You could try to argue it was a medical emergency but I could not guarantee a judge would accept that.

However, they are under a duty to mitigate their loss by seeking another tenant and they will not get forever to do that. They have to prove that they have looked for a replacement and generally speaking replacements can be found within one month. You are only liable for that time period even if the worst does happen.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’