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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7475
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have an email from my landlords' agents in response to me

Customer Question

Hi
I have an email from my landlords' agents in response to me asking permission stating - and I quote 'a cat will be fine at this property'. We went ahead and took a 5 year tenancy on that basis. The landlords are saying they never gave permission and the agent say this is not sufficient evidence or permission. We are going round in circles and we feel victimised and defamed. Thank you
Submitted: 21 days ago.
Category: Property Law
Expert:  Thomas replied 21 days ago.

Hi,

Thanks for your question.

What does the tenancy agreement say about pets please?

Did you deal only with the landlord's agents throughout this transaction?

Did the landlord or the landlord's agents sign the tenancy?

Tom

Customer: replied 21 days ago.
I'll have to dig out the contract - bear with me.
Expert:  Thomas replied 21 days ago.

No problem, just reply when you have the info..

Customer: replied 21 days ago.
Hi
The agents always sign anything to do with the contract. It states the tenent is not 'to keep animals without the prior written permission of the landlord' and then just about the cleaning. Annoyingly I can't find tho original contract. I. An ask the agents to scan me one if you think it's essential. Our point is we never had any dealings with the landlords and they dealt with everything- so naturally when we had an email 'in writing' we assumed this was permission enough and it covered that clause. There's nothing in the original contract to state an addendum is required either. Happy to talk through if easier.Thanks
Expert:  Thomas replied 21 days ago.

One last question, is the property a house or a flat?

Customer: replied 21 days ago.
A semi detached house with garden!
Customer: replied 21 days ago.
I have a draft of the contract albeit unsigned if helpful
Expert:  Thomas replied 21 days ago.

Hi

Thanks for your question. I will try to help.

If the agents are the only persons that you have had dealings with and, particularly, if they were the ones who executed the tenancy agreement then the landlords are going to have an extremely tough time taking enforcement action.

Unless the tenancy specified the method of consent which they were required to give to allow pets then I cannot see how a court would consider that the email does not amount to consent.

It seems to me that you exhausted the methods of consent available to you and this consent would appear to have been given.

I would be minded to say that the email constitutes consent and that if they consider it doesn’t then invite them to take legal action. I would not be confident if I were acting for the landlord.

I expect the agent may either have not taken instructions or incorrectly confirmed their approval, but the point is that provided that they appear to have authority during negotiations and confirmed consent by email then there is likely not much they can do now.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Customer: replied 21 days ago.
Our point is one of principal as much as anything - so in summary. In your opinion as a contract law expert the permission we were given by the agents was enough for us to legally act on and that if the landlords say they knew nothing about said cat, nor given permission they should take this up with the agent? As it stands both parties are accusing us of being underhanded and actually 'sneaking' the cat in. Clearly not true and unacceptable!Thanks
Expert:  Thomas replied 21 days ago.

Yes, unless the tenancy specifically states how consent should be given (or if you were told consent would be given a different way) then the email constitutes consent for the cat.

I really would basically say that you consider you had consent and that you will not correspond any further. Then see if they take action. They won't (or at least they shouldn't),

Tom

Expert:  Thomas replied 20 days ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 20 days ago.
Hi Tom
I'm waiting for both the landlords and the agents to come back to me. I've shared a synopsis of your email with them and gave them 48 hours from yesterday afternoon. Not only are they unreasonable, the landlords in particular are deeply unpleasant and odd, so I'm intrigued to know what they can possibly argue about now! Thanks for following up. I'll let you know and review as soon as that's cleared up!Kind regardsMarion
Expert:  Thomas replied 20 days ago.

Marion,

No problem, but please leave feedback using the stars at the top of the page in the meantime

Tom

Customer: replied 18 days ago.
Hi TomI want to give top marks, but these people are STILL saying it's my fault and I 'sneaked' the cat in without permission. I just don't know what to do. It's awful.Marion
Expert:  Thomas replied 18 days ago.

Marion,

With respect, I have provided you your answer. It's not really my fault if the people you are dealing with are unreasonable and though I sympathize if they are, I ask that you leave feedback at this point.

Tom

Customer: replied 18 days ago.
I'm not going to get into major discussions with you over this Tom, I have enough going on with my landlord and their agent. The comments on the site state that 'If you are satisfied, please rate me' I'm not satisfied so I can't rate you yet. Please be patient and hopefully we'll all get the outcome we desire. I think that's not unreasonable, do you?
Kind regards
Marion
Expert:  Thomas replied 18 days ago.

Marion,

Most customers leave feedback in identical circumstances, I'm afaid..

Tom

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