This is a bit weird one, I rented a flat in England, and moved on the 4th of July, a few weeks after I came to know via my neighbours who live in the same court that this is a no pets allowed property. (It’s a flat in a 3-floor building)
This was never advertised, nor advised before I moved in. Moreover, I did send email to the estate agent stating I will be living with my cat if permission needed prior to signing the tenancy agreement. They verbally confirmed me it was ok and I proceeded with checks, payments and moved in.
Yet to this day, they, the letting agent and landlord, didn’t even bother communicating this to me. Ahh, how awful they are. I’m going to bring my cat & wife from overseas next week and stressing about the awkward situation.
The contracts says,
“Not keep any cats or dogs on the Property. Not keep any pet, animal, bird, reptile, fish, insect or the like on the Property, without the Landlord’s consent, which will not be unreasonably withheld. If pets have been kept at the Property, ensure that the gardens are clear of all pet faeces, which must be disposed of in an appropriate manner and under no circumstances is to be left in any waste bin or similar container within the Property.”
I’m wondering where can I seek the best legal advice? (contacted a lawyer friend)
My idea is to look for a new place but this will surely take time. The break clause is 6 months. Can estate or LL evict me during the first six months?
I’m a new resident in the UK and any recommendations highly welcome! Many thanks in advance.
bring the wife and the cat, don’t say anything to anyone. If the cat is noticed at an inspection and they say that it’s against the agreement, say that the agent gave you verbal permission. If they challenge that, come back to us.
I think that may have been a mistake if you want the cat. I assume that the estate management will now tell the agent its not possible and the letting agent will reverse their permission before you bring it over, meaning you no longer have the required consent.
You complain that you were not told before you moved in, yet you have quoted a contract term explaining ‘no pets allowed’. Surely, you signed the contract before moving in, so you knew. At time of signing, you could have ‘stopped’.
I think you are on a losing battle relying on the agents words of mouth. When the contract contradicted the verbal communications you had, that was the time to check & not sign if neccesary.
That said, you presumably have a copy of the email you sent to the agent, informing them about the cat. If this was sent to them before the contract was issued, and they still issued the contract, that will certainly count in your favour.
Fun fact, I haven’t signed the contract and I won’t be doing it until LL/letting agent amends it, however as I already paid the deposit + rent and collected the keys, started living in the flat. Quite a complicated situation. I reached some friends (solicitor) for legal part and awaiting feedback from them.
I would suggest you keep all the written evidence you have that you are disputing the terms of the contract because normally paying the rent and moving in would be enough to deem it agreed. As youve taken possession you definitely have a tenancy.
So, all this could go horribly wrong if the LL decides to stand by that clause, refuse the cat, and refuses to sign the agreement unless you agree to get rid of it. The LL is in a precarious position as they may not be aware that the LA hasn’t got you to sign the contract before moving in.
Whilst you may feel you have an advantage over the landlord, I would suggest they potentially have an advantage over you. You do not need a signed contract to form an assured tenancy. If you feel there is no contract in place between you and your landlord, then the decent thing to do is vacate their property as you have no right to be there.
It’s not a no-pets-allowed property if the contract specifically says permission “won’t be unreasonably upheld”
You don’t need a redrafted contract, all you need is written confirmation (which could be an email) of your verbal agreement, ideally from the landlord as the agent seems a bit rubbish.
it says ‘with landlord permission’ so as you highlighted it to the estate agent and they didn’t object, I would take this as landlord consent personally ( they are landlords acting agent afterall) Beyond that it’s their problem, not yours, if that cases issue with the landlord.
Thank you for those who replied, interesting to see different views.
LA acknowledged they’ve made a mistake (doesn’t help with the situation though). LL seems to be ok for me having a cat in the property but the the thing is LL is a leaseholder and must comply with the rules of the estate management which she didn’t know or not bothered to check before. I’ll see if LL can negotiate with estate.
Solicitor says none of them is my problem as they gave me the consent and if LL or LA changes their mind for any reason and go for for eviction, they must compansate my expenses.
Regardless from compensation, this won’t be any good.
It’s obvious there is now trust issue w/ LA&LL and there will likely to have other issues in the long run under such management.
Why didn’t you read the contract before signing? Unfortunately for you the contract is a legal document in this country-I would advise you seek a solicitor which will also cost you along with the rent due. Always read what you sign…
