Hiya...
I was wondering if anyone has any advice for this situation.
I found a flat online that was advertised as pet friendly and pets welcome. I was open about my dog when I first enquired about the flat, and the estate agent presented this to the landlord and it was part of my offer. The landlord accepted my offer - with the dog clause included - and I moved in on the 31st of July. The flat itself has a private patio, and there is a communal garden with swimming pool. Since I moved in, I knew I wouldn't allow my dog into the communal garden because of the pool as it has a plastic cover over it and no safety barrier etc.
When I moved into the flat I found a folder with a rule book, one of the rules say no dogs on the property. Two days after I moved in, the landlord came over and told me that a few people had moaned about the dog so she asked if we could make sure there wasn't any barking etc. She said that neighbours had concerns around barking. I was clear that if barking reached unreasonable levels then I would sympathise and take action, as I certainly don't want to be a nuisance. Since then, I've installed a dog camera which records the dog whilst I am out, and there is no barking when I am at work. I also have a dog walker that takes him out of a few hours every afternoon so the maximum he is alone is 3 hours. There has been no official noise complaints and no neighbour has mentioned this to me directly and everyone has been polite when I've met them and enthusiastic about the dog.
The landlord claims that the estate agent, from a reputable nationwide company, told her the dog was a breed of dog that doesn't bark - which I'm not sure if I believe - because I clearly outlined his breed and weight/size etc in my offer, so she was aware (he is a small pug cross)
In the few weeks I have lived here, there was one issue where a neighbour, who is also a director of the management company, came to me while I was on the patio and told me the dog must go as dogs were not allowed. He was fairly aggressive, and accused me of lying and not mentioning the dogs existence, and also accused the estate agent of lying. He said that since my landlord has owned the flat for 10+ years, he is confident she knows the dog rule. I have since received a message from his wife apologising for his behaviour and telling me the dog is welcome and that her husband won't be an issue any more. I've also received messages from my landlord saying that we 'should be okay with the dog' - which is obviously unnerving. She also said that should there be any issues with the dog being here, the dog could 'live' at her house and visit me here at my flat - she lives across the road - because there are no rules regarding dogs visiting.
Last Saturday, friends of mine came to check on the dog as I was out for a few hours - they brought their dog along. While on the patio, one of the boards my landlord provided to keep the dog contained on the patio fell down, and the dogs ran into the garden. As I was not here, I can only take my friends word, but she assures me that they were in the garden for no more than two minutes while she chased them down and got them back onto the patio.
The following day I received a call from my landlord telling me she wants me out of the property as she thinks this incident was unacceptable. She says I shouldn't have allowed my friends or their dog over to visit, and the dogs should never have been allowed on the patio. She said that the dogs were playing in the garden, and hadn't just escaped, and that people had sent pictures and videos of this. Although I agreed to making sure the dog doesn't bark on the patio, which aside from the odd bark at a squirrel, has never happened - she is saying I agreed to keep the dog inside the flat at all times.
I've asked to see these pictures and videos sent to her by neighbours but she doesn't acknowledge this point when replying. She has said that the dog living here was 'an understanding' and she has no choice now but to evict me. The 'notice' was a phone call to tell me to leave which was followed up with WhatsApp messages.
My questions really are
- Does my landlord have grounds to evict me on this basis?
- I have concerns that it is potentially a breach of the head lease having pets - I have asked her this and got an angry response saying that this is not relevant as the lease was under review and that she would contest any claims that the lease was the problem. Am I within my rights to request a copy of the head lease, or can I retrieve this from any public domain? If it is in breach of the head lease, what are my entitlements considering she has given me a 2 year lease which grants permission for a dog to live here?
I've not received any EPC, I've requested in writing that a smoke alarm be fitted as there isn't currently one and this has been ignored - does this mean she cannot serve me notice under section 21?
Thank you in advance for any and all help!!
I was wondering if anyone has any advice for this situation.
I found a flat online that was advertised as pet friendly and pets welcome. I was open about my dog when I first enquired about the flat, and the estate agent presented this to the landlord and it was part of my offer. The landlord accepted my offer - with the dog clause included - and I moved in on the 31st of July. The flat itself has a private patio, and there is a communal garden with swimming pool. Since I moved in, I knew I wouldn't allow my dog into the communal garden because of the pool as it has a plastic cover over it and no safety barrier etc.
When I moved into the flat I found a folder with a rule book, one of the rules say no dogs on the property. Two days after I moved in, the landlord came over and told me that a few people had moaned about the dog so she asked if we could make sure there wasn't any barking etc. She said that neighbours had concerns around barking. I was clear that if barking reached unreasonable levels then I would sympathise and take action, as I certainly don't want to be a nuisance. Since then, I've installed a dog camera which records the dog whilst I am out, and there is no barking when I am at work. I also have a dog walker that takes him out of a few hours every afternoon so the maximum he is alone is 3 hours. There has been no official noise complaints and no neighbour has mentioned this to me directly and everyone has been polite when I've met them and enthusiastic about the dog.
The landlord claims that the estate agent, from a reputable nationwide company, told her the dog was a breed of dog that doesn't bark - which I'm not sure if I believe - because I clearly outlined his breed and weight/size etc in my offer, so she was aware (he is a small pug cross)
In the few weeks I have lived here, there was one issue where a neighbour, who is also a director of the management company, came to me while I was on the patio and told me the dog must go as dogs were not allowed. He was fairly aggressive, and accused me of lying and not mentioning the dogs existence, and also accused the estate agent of lying. He said that since my landlord has owned the flat for 10+ years, he is confident she knows the dog rule. I have since received a message from his wife apologising for his behaviour and telling me the dog is welcome and that her husband won't be an issue any more. I've also received messages from my landlord saying that we 'should be okay with the dog' - which is obviously unnerving. She also said that should there be any issues with the dog being here, the dog could 'live' at her house and visit me here at my flat - she lives across the road - because there are no rules regarding dogs visiting.
Last Saturday, friends of mine came to check on the dog as I was out for a few hours - they brought their dog along. While on the patio, one of the boards my landlord provided to keep the dog contained on the patio fell down, and the dogs ran into the garden. As I was not here, I can only take my friends word, but she assures me that they were in the garden for no more than two minutes while she chased them down and got them back onto the patio.
The following day I received a call from my landlord telling me she wants me out of the property as she thinks this incident was unacceptable. She says I shouldn't have allowed my friends or their dog over to visit, and the dogs should never have been allowed on the patio. She said that the dogs were playing in the garden, and hadn't just escaped, and that people had sent pictures and videos of this. Although I agreed to making sure the dog doesn't bark on the patio, which aside from the odd bark at a squirrel, has never happened - she is saying I agreed to keep the dog inside the flat at all times.
I've asked to see these pictures and videos sent to her by neighbours but she doesn't acknowledge this point when replying. She has said that the dog living here was 'an understanding' and she has no choice now but to evict me. The 'notice' was a phone call to tell me to leave which was followed up with WhatsApp messages.
My questions really are
- Does my landlord have grounds to evict me on this basis?
- I have concerns that it is potentially a breach of the head lease having pets - I have asked her this and got an angry response saying that this is not relevant as the lease was under review and that she would contest any claims that the lease was the problem. Am I within my rights to request a copy of the head lease, or can I retrieve this from any public domain? If it is in breach of the head lease, what are my entitlements considering she has given me a 2 year lease which grants permission for a dog to live here?
I've not received any EPC, I've requested in writing that a smoke alarm be fitted as there isn't currently one and this has been ignored - does this mean she cannot serve me notice under section 21?
Thank you in advance for any and all help!!
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