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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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Dear , I would like to know what happen if I don't declare

Resolved Question:

Dear ,
I would like to know what happen if I don't declare that I'm a pet owner at the rent contract agreement.
I'm facing big issue to find another property because of my dog and soon I have to leave the house where I'm currently living with my family.
Thanks
Mauro
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

Well, as I said I'm looking to move to another house and because I'm a pet owner (of a very well behaved little dog), most of the landlord doesn't accept my dog. I would say 99% of them doesn't want dog in their property. This means that I have no choice other than pay more, choose a house far from my children school, put my dog in a kennel for undefined time or declare that I don't have a pet.

Because I have limited budget, no much willing to change school, wish to keep my dog with us, I remain with the last option.

Thanks

Regards

Mauro

Expert:  Remus2004 replied 3 years ago.
Thanks.
If you don't declare that you are a pet owner then obviously that does create difficulties.
Firstly, if the contract in question contains a clause to the effect that you cannot keep pets then you will be in breach of that. In truth, they are unlikely to be able to use S8 to evict you on that basis alone. Its a breach giving rise to a discretionary possession order and it is not likely to be exercised against you.
Secondly though, the landlord could argue that you obtained the tenancy on false information and seek possession on that basis. That is a stronger argument although it is not guaranteed.
Obviously if your dog causes any damage then you will be liable. I realise that most dogs don't cause any serious damage but usually there are signs that a dog has lived in the house and you have to pay to erase them. They would certainly be able to claim for a professional clean.
Can I clarify anything for you?
Jo
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