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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33507
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Me and my wife recently moved to a new flat and took our

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Hi, me and my wife recently moved to a new flat and took our dog with us. The tenancy agreement specifically said "Not to keep any animals or birds in the property without prior consent of the landlord or the agency" but we decided not to say anything as our dog is just 2.3 kg and thought it shouldnot be a problem as long as we pay the landlord for any damages. Unfortunately, a neighbor has complained to the management company and the landlord has contacted us to clarify the situation.Would you be available for a consultation over the phone?Thanks
Submitted: 8 months ago.
Category: Property Law
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 8 months ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.How long is the tenancy for?
Customer: replied 8 months ago.
3 years with a 24 months break clause. We moved in only one month ago
Expert:  Clare replied 8 months ago.
Do you know what the head lease says?
Customer: replied 8 months ago.
Hi, I can have an online conversation
Customer: replied 8 months ago.
What do you mean what the lease head says? Apoligies im not sure what you mean
Customer: replied 8 months ago.
We don't really know what it exactly says, but the landlady said that no pets are allowed in the building although she is happy to ask for permission to the management company if all neighbours sign a form that says that they don't object to us having pets. She also said that there is no guarantee of getting the permission
Expert:  Clare replied 8 months ago.
Since it is a Flat it will be a Leasehold property and the Head Lease will set out the position of the community on animals.It appears from what you say it seems likely that the Head Lease says that pets are allowed only if there is no objection from the other owners.Given that a neighbour appears to have complained this is a major problem.You should ask the Owner for the precise wording of the Clause in the Head Lease and then go on a charm offensive with all the neighbours asking them to consent to the dog remaining.If the Management Company do not give permission I am afraid that the option is stark.Find another home for the dog or pay to find new tenants for the property - or pay the rent for two years on a property you do not live in.I am very sorry not to give better newsPlease ask if you need further details
Customer: replied 8 months ago.
Hi Clare,Sorry for the late reply, I was traveling.I have a few more questions:
- We've started asking for consent to our neighbors and found out who complained. He clearly told us he will opose to having a dog in the building (he is a tenant but the landlord is backing him up) Do we need consent from all neighbors or a certain % would be enough?
- We also found out that another tenant is keeping 2 cats. Is this something we can use to put pressure on the management company?
- What's the responsibility of our landlady? How can the freeholder enforce the head lease?
- Would you be able to explain in more detail the costs of breaching the contract in the worst case scenario? Is it just the rent for the first 2 years? What happens with the letting agents fees our landlady is committed to? I'm attaching the contract.
- Can the landlady refuse to us finding new tenants?
- Lets assume our landlady rents out the place again on her own, but does not tell us. Would we still be forced to pay 2 years worth of rent?
- Can the landlady refuse to look for new tenants to keep the flat empty to receive the full payment of the 2 years?
Customer: replied 8 months ago.
Sorry just to be on the safe side i wanted to ask something again; would we in any case have to pay the agent fees the landlady have to pay? You can see all the details in the contract but she has to pay to the agents 11% of the term. In the case that we have to pay it, how much would that be? (i.e. Woyld the term be consider of three years or two years because the break clause. Also, would we need to pay for the 11%of the entire period or only for a part of it).
Please be as detailed as possible so that we can understand the situation the better, thanks so much in advanced for your help
Expert:  Clare replied 8 months ago.
1. It is for the Management Company to decide - there is no way of knowing if one objector will be a problem2. The fact that another tenant has cats is helpful (your dog sounds very small) but not decisive3. She has to enforce the clause if the Management says no as otherwise her lease is forfeit4. You will have to pay for the rest of the full two years unless it is relet - in which case you are responsible for all the cost of re-letting the property including, cleaning, advertising and lost commission fees5. She does not have to allow you to find alternative tenants6. Unless you can prove that it has been re-let then you will have to continue paying7. Yes she can leave it empty if she wishes -
Customer: replied 8 months ago.
Thanks. Please find some questions below hoping to get more clarity in some topics. Thanks in advance for your understanding.5. She does not have to allow you to find alternative tenants - Does it mean that we can advertise the property without having her permission?7. Yes she can leave it empty if she wishes - Does it mean that she can deny to re-let the flat to new tenants and make us pay the rent for the rest of the full 2 years?8. Would we in some case have to pay the agent fees the landlady agreed to Foxtons when renting the flat to us? You can see all the details in the contract but she has to pay to the agents 11% of the term.9. In case that we have to pay the agent fees the landlady agreed to Foxtons when renting the flat to us, how much would that be according to the contract? (i.e. Would the term be consider of three years or two years because the break clause. Also, would we need to pay for the 11%of the entire period or only for a part of it).10. If we find new tenants, would the idea be to hand them over to foxtons so that they can just replace us as tenants in the contract?11. If 10 is correct, would we have to pay any agent fees? or would it be considered just as a change of tenants and the landlady will pay the agent fees?12. If the landlady ask Foxtons to find new tenants, to a cost of 11% annual fee during the term of the contract, would we have to pay that for the new tenants?13. Is there a possible scenario that we have to pay both, the fees to be paid to foxtons for our rental agreement and the fees to re-let the property?Looking forward to hear from you and thanking you in advance. Kind regards,
Expert:  Clare replied 8 months ago.
5. No it means that you cannot do so.7. I am afraid so8 and 9. IF you leave and the flat is relet then your Landlord can reclaim any costs she has to pay Foxtons which includes commission on the rent that she would have paid them.which appears to be 11% of the monthly payment.10. I am afraid not. You can certainly introduce possible new tenants to Foxtons but there is no guarantee they will be accepted11. You will have to pay all the fees no matter who introduces the tenants12. You will have to pay the costs involved in advertising and vetting any new tenants - the 11% commission is on top of that13 Yes that is the whole point of that clause
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33507
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
Clare and other Property Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you so much for your help Clare. It's been really helpful. I'll be in touch in case I need any further advice. Thanks
Expert:  Clare replied 8 months ago.
You are most welcome - good luck

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