UK Landlord Forum / Life

Hi, my letting agent says I can have a dog, and the add said pets allowed. We confirmed twice before we signed the lease. Today I was message by them asking to carry by dog in a bag when I leave so it "wouldn't bother other occupiers in the building" and attached a screenshot of an email from some "property manager" which said we have been told someone in ___ flat has a pet which is in breach to clause three pleas notify them as this is a clear breech. Can they evict me ? Even though it's not my landlord but the I guess building manager ?

The chances are there's a prohibition against pet in the leasehold which the agent/LL either did not know about or completely ignored when they advertised the flat. The freeholder can't directly evict you since they're not your landlord, but they can attempt to forfeit your landlord's lease for breach of lease.

How long has it been since the tenancy started? If it's less than 90 days, it may well be easier if you just unwind the tenancy and go somewhere else.

I moved in first of August. There's only one other pet friendly place on the market I've messaged them. Do you think I can get out of the tenancy easily? Especially because of this? Or even get some money to help pay for movers because of this whole situation

Quote from: Chrisk101 on September 18, 2019, 09:10:08 PMWe confirmed twice before we signed the lease.

Verbally or in writing? I mean, do you have a record of this?

It doesn't affect the actuality of your situation - the Lease prohibits certain things and it always will, it's one of those cases where there isn't an exception to the rule. If they were to provide dispensation to you, then that clause in the Lease might as well not be there, as the other residents who operate under the same Lease will protest (as it appears someone has) and it will open up a can of worms no-one wants to go down.

So... heartless and inconsiderate people will expect you to get rid of your pet. Obviously you won't. And the 'suggestion' made of secreting your pet in and out of the building does not have legs!!! Not bothering the other occupiers isn't the issue... it's the Lease. And, to be fair, you've already bothered another occupier, and things are in motion... so your Agent (not you) has made a massive boo-boo here... and I think this is all gonna boil down to what you're willing to do (I doubt you'll be willing to hand off your pet) so it'll likely end up with you moving out (as I can't see an exception being forthcoming, but stranger things have happened, and you could just sit tight and refuse to do anything at all in flagrant objection - thereby effectively handing the problem to others to argue over, and seeing what transpires) and what you have in writing to back up the fact that you brought this up and you were told it was OK... then the Agent will need to shoulder the fallout. Not you.

So, what do you have as confirmation? Anything you can refer to?

A plan is needed...

a) plan to move out, plan to get others to shoulder any costs, and possibly provide compensation, for misleading you
b) plan to resist, plan to object to the clause in the Lease, plan to just not listen to anyone, plan to sit tight and do a "la-la, I'm not listening" until the time comes to move more naturally
c) plan to get an exception for, say, the year you'll be there (knowing you're - your pet, really - not wanted)... tough ask

I believe it's that the owner of the flat in the building and their agent made the massive F up either didn't realize our just didn't care at all. So I've told the letting agent I want out. I have proof it was listed as pet friendly and tha I confirmed twice. In the lease it even says that pet allowed when agreed. I've told them it's better for both parties if we leave so we don't have any risk for both of us.

Sure, but you want out on your terms... you get to leave when you decide, not when they decide. Hopefully your proof is not "do you remember that conversation we had?" and is more substantial, the advert sounds a good starting point... make sure you have a screenshot (as things can 'change') or a printed copy.

Ya I have screenshots of the ad, my first request for viewing where I talked about my dog. As well on whatsapp where I confirmed again that I have a dog. And obviously I have the message of him saying to put the dog in a bag when I leave property. So it's all there.

You have been treated very unfairly,and I totally agree that you should assert yourself.You behaved in good faith,and now have the expense and hassle of finding somewhere else to live.Many of your neighbours will have companion animals in my experience,cats,bunnies,parrots etc.but of course dogs are hard to conceal.I think you should have your initial costs,or the rent paid so far,refunded.Good luck,hope you find a dog-friendly landlord.If you fancy leafy Warwickshire I could have just the place for you!   

They talked to freeholder and he's not budging they have said:  We could refund the rent paid in advance. However, the deposit refund request can only be submitted after you left the property and it'll depend on the progress of the deposit protection scheme, which is out with our control. They normally take up to a month to refund the deposit.
The landlord will not pay a compensation for the early termination. It is an unfortunate event that he was not aware of the burden within the title and the factor was not willing to be flexible and grant permission. It is not a common practice to pay a compensation in such circumstances.

(Rent paid is only 1 month as we paid extra month advanced)
Quite annoyed that they won't pay the cost of the moving truck anything I can do?

Quote from: Chrisk101 on September 20, 2019, 09:25:06 AMThey normally take up to a month to refund the deposit.

No, they don't. They've having you on. They take a few days.

Anyway...

Just stay where you are... the problem actually isn't yours. See your tenancy out - you have an agreement to have your pet (documented, you seem satisfied with). Nobody is going to turn-up and forcefully evict you over this. The issue will be between the Freeholder (your Landlord's Landlord) and the Leaseholder (your Landlord)... your Landlord (or their Agent) has done the naughty, not you.

Hilarious cock-up, really. Just watch it unfold from the sidelines...

Suggested reply...

"Dear Agent,

Thank you for clarification on the situation. I understand, and accept, it might not be considered normal to consider compensation in these circumstances. Following-on from that, I have a fully documented agreement that I am allowed to keep my pet for this tenancy and I have a fixed term tenancy that expires (sometime in 2020 I expect?) and I will be remaining in the property for at least the fixed term, with my pet. I will leave the issue between my Landlord and his Landlord to settle without further involvement, or help, from me. Obviously any responsibility for checking any restrictions in the Landlord's Lease lies firmly with him, not his Tenant."

From what we know... you haven't breached your Lease. Your Landlord has breached his.

Mention, maybe, that if they attempt to bring the tenancy to an end before the fixed term, or attempt to enforce a change in the agreement regarding your pet, you'll be forced to take this to Court, most likely focusing on something like illegal eviction. Nice words to put the frighteners on.

Don't roll-over to have your belly tickled... only your pet should do that!

Yes agree with above.Your landlord should have known the rules about his flat, he has mislead both the LA and yourself by the sound of it.He has little to fear in allowing you to stay,the number of leaseholders evicted by freeholders is around a handful a year last time I checked.I doubt if he wants to spend the time or money getting you evicted,so sit tight.Just being nosy-what sort of dog is it?

Also confirm that you won't be carrying your pet in and out of the property in a bag.

Especially if it's a 50kilo Rottie.

If I was you, I'd write to the managing director or senior partner of the lettings agency.  Explain that you were misled by their advertisement.  Then say that they have seven days to contact you with their proposals to rectify this mistake, and if they don't, then you'll notify your local Trading Standards of their breach of section 8 of the Consumer Protection from Unfair Trading Regulations 2008.

Quote from: Hippogriff on September 20, 2019, 10:42:48 AM
most likely focusing on something like illegal eviction.

Illegal eviction is likely a relatively small fine. The threat of the landlord having the leasehold forfeited by the freeholder may get more of a reaction.