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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69538
Experience:  Over 5 years in practice.
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My roommate got a dog and it destroyed my property as well

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My roommate got a dog and it destroyed my property as well as our shared flat. The is no pets allowed according to our lease agreement. I took it up with the rental company and they told me it's not their problem. What to do? Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What action are you hoping to take against the rental company?
Customer: replied 2 years ago.

I don't want to take action, I want to move out.

Expert:  Remus2004 replied 2 years ago.
What type of agreement is this?
How long does it run for?
Customer: replied 2 years ago.

It's a 12 month lease with 6 months break. I'm in my second month. There is pet stains and dog crapped every day in our flat or even in my room when I get home.

Expert:  Remus2004 replied 2 years ago.
I am sorry but its bad news although the liability may not be as bad as you think.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.
Unfortunately ASTs are very hard to escape. You pretty much have to show that the property is gutted by fire damage or flooding and so you cannot live in it. Another acceptable reason would be that a person's life is in immediate danger like a gas leak.
I'm afraid that things like this give rise to actions against the other tenant but not the landlord as they are not in breach.
You could try to negotiate with the landlord. Sometimes they will agree to allow tenants to leave as its in their interests too on occasions.
If that is not possible here then I'm afraid you will be acting unlawfully if you leave early. However the landlord is under a duty to mitigate his loss by seeking a replacement tenant and he will not get forever to achieve that. Realistically, if a landlord is really trying, most properties can be let to another tenant comfortably within a month. You will only be liable up until the time that the landlord is able to replace you which will be nothing like the remaining months due under the contract.
Of course, there is a risk that the landlord will not be able to find a replacement. If so, the Court will ask him to prove that he has looked for a replacement. If he is able to do so to the Court's satisfaction then you would be liable for that period but that is very unlikely.
You do have a claim for the cost of any damages against the other tenant though.
Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.
Hope this helps. Please let me know if you need more information
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69538
Experience: Over 5 years in practice.
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