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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16416
Experience:  I have been practising for 30 years.
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The person I currently house share with has broken the

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Hello, the person I currently house share with has broken the contract of our tenancy by buying a pet. Our contract is very clear about no pets and they have not got permission from the landlord, what can I do as they are not willing to remove the pet?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I haven't prepared any paperwork as i'm not sure what I can do. If i go to the landlord I am concerned they have the right to evict us and I could lose my deposit
JA: Where is the house located?
Customer: It's a flat in north london
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's everything thank you

Good afternoon. I will assist with your question - be aware this is an email not chat service.

what is the pet?

and have you informed the landlord/agency?

Customer: replied 1 month ago.
Hello, thank you.
The pet is a hairless cat.
To give some context of the property itself, we live in a two bed flat with no garden or balcony/terrace and the animal is shut inside 24 hours of the day.
I have not yet informed the Landlord or our managing agency as I am concerned that as it would be in breach of our contract that they now have grounds that they can evict us and also hold funds from our deposit for any damage the animal might have done.
This is the first time I have had to deal with something like this and am unsure which way to proceed. I know as our tenancy contract us joint liability that anything my house mate does will also reflect on me but I know that I have a responsibility to inform the landlord of what is going on.
I didn't know if there was anything I can do to protect myself as she is not willing to remove the pet from the property.

You are between a rock and a hard place because the correct way of dealing with this is to throw it to the landlord.

The landlord could give notice to quit which at the present time under the Corona Virus Act must be three months notice.

The landlord can then take possession proceedings against you both but could agree to let you have a new tenancy agreement immediately. That way the landlord would actually be not losing any money.

The threat of the above to the other tenant is probably not a bad idea but if it doesn’t work, and you don’t know which way the landlord is going to jump, and if she will not get rid of the pet, your only remedy is for you to take the other person to court because you can’t beat her with a stick until she removes the pet.

If this is a flat, it is highly likely that it’s not only a breach of your tenancy agreement, it could well be a breach of the lease and its reported to the landlord by any other tenant, the landlord will probably find out anyway.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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