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Tenancy agreement broken by landlord and forced out

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1051 views 1 replies latest reply: 16 June 2014

We have been put in a situation where we are been forced out of our flat for having a pet which is in our contract with the landlord, The management company have found out and have sent the landlord a legal letter requiring that the animal is to be removed from the property. There is a lease between them and our landlord of which states no pets, our landlord said “Look at your options” of which he later stated as get rid of the animal or move out. We are in our contract till august and he agreed to release us a month early on the terms that we could get our bond back a few days before moving out as it would be used for our bond on the next property.
We have just been informed from the landlord that there is no chance of receiving our bond back before moving out as it would take up to a week to get the funds back and he is not happy to give us the bond back before we leave. we feel as if we have been mis-sold this flat and backed into a corner as we have no means to get out, especially as this has effected our business as we work from home and our 3 year old child has just settled in.
Any help would be appreciated
Yours Sincerely
Jamie Asbridge

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Hi Jamie, sorry to hear about your stressful situation.

Firstly, is there a clause in your tenancy agreement that states you can have pets in the property? If there is, then legally you are allowed to have pets. If the landlord has granted permission for this when s/he shouldn’t have, then that is a different situation and I would advise you to contact Shelter and speak to an advisor.

The law states that all deposits must be protected in a Government backed Deposit Protection Scheme. You have to make a written request for the release of your deposit from the scheme, and its release is subject to their procedures. The landlord will also have to give written agreement for the deposit to be released in full if there is no damage to the property. You should have received the necessary details of the scheme within 30 days of the money being paid. It would be worth your while giving them a phone call to ask how soon you can make your request, and whether you can do this before you move out of the property. If your money hasn’t put into a DPS then you cannot be evicted from the property, the landlord can face a fine and you could receive compensation.

There are certain procedures that must be carried out if you are to break the tenancy early, and you need to make sure they are followed correctly if you are still in the fixed period of your agreement, or you could be liable for rent even if you are no longer living in the property.

All the best for a quick resolution.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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