Aibu - pets in a rental

[Brightsparx03]

Hello

This is my first aibu so please go easy!

I am currently renting a flat in a block (12 flats in the block over three floors). When I took over the tenancy it stated no pets or smokers. The contract states no pets, but the other remaining 11 flats all have dogs. Some of my neighbours have 2 or 3 dogs each. I adore animals but unfortunately suffer with allergies. At the time of moving in I didnt realise there would be dogs in the building and at the start all was well. However, over the summer period I have noticed my allergies worsen. The communal areas smell quite strongly of wet dogs or fur (if that makes sense) and I have used draught excluders etc by the front door to keep our flat as sterile as possible. My other bug bear is that the dogs howl during the night which is waking myself and OH up.

We have given notice to the landlord today and received quite a brusque response that they were under the impression that we were looking for a long tenancy (we have been here 9 months) and they would have to pay for the flat to be advertised again and that would impact them financially due to our indecisiveness. I mentioned the pet dilemma and was told that the building is no pets so wouldn't have been an issue. I don't feel that we should lose any of our deposit due to leaving the flat (we are on a rolling one month tenancy after a 6 month AST) as it was falsely advertised. So I guess my AIBU is to ask whether I refuse to contribute towards the cost of the flat advertising as the landlord expected us to be long term tenants? Just to clarify we stated that we were living in the area for 3 years due to our job contracts but never discussed anything further than the initial 6 month AST as we were new to the area and wanted to scope out the place.

Thank you

Have you got all the information for where your deposit is held?

Your landlord won't be able to take your deposite directly for that. However, make sure you have good photos of everything, that your inventory is spot on as I wouldn't be surprised if someone who is shitty enough to do 6 month then rolling to suit themselves and then moan when the tenant gives legal notice tried to claim damages/cleaning to pull some of the deposit.

He absolutely cannot charge you for advertising. Fight it if he tries!

Very cheeky of him.

Also have a read up of Shelter's website about renting & deposits - it's very helpful

The reason you are leaving is irrelevant in terms of whether you need to pay for re-advertising. If your original contract did not state that you have to pay for advertising if you leave before a certain amount of time then you don't have to. End of. If your landlord persists I'd get some legal advice.

& what makes you think that wherever you go, even if new landlord says no pets & there is a no pet lease for rest of block, that people wont ignore it there? You can't blame landlord for other people breaking rules owned by other landlords?

Thanks everyone.

Yes I have the deposit information this was registered three months ago after we continually asked for proof that it had been submitted :)

That's your leverage right there.
If you can prove the deposit was protected late (it should be in proper scheme, you can check online) then you can claim for compensation even after you have moved out. You have up to 6 years for this iirc.
He has no right to recoup costs of advertising. Not a leg to stand on.
I have a tenant who broke her contract (smoking) - she will still get her deposit back in full (wear and tear/length of tenancy vs discolour/odour. She would win).
It's not easy to take money off a deposit nor should it be.
He's a chancer.
You can suggest that he backs off and returns deposit in full - him thinking you'd be there longer redressed by him protecting deposit late or you can let him try recoup costs and appeal any reduction - he won't have evidence then take him to court for copensation re late protection of deposit.

Yes I have the deposit information this was registered three months ago after we continually asked for proof that it had been submitted

So he didn't protect it at all in the first 6 months?

Check with your deposit holder, but I know one LL who had to return the deposit to the tenant because he put it in late. He couldn't issue any notice prior to returning it.

Be a good idea to check out exactly where you stand legally because he's an iffy landlord and I'd put money on him trying to make deductions from your deposit.

Hmm. I’m not sure you can claim for compensation for unprotected deposit if it was eventually protected. In 2011 I discovered when about to move out that my deposit had not been protected. When I queried it, the LL a put it in to a scheme at that point. I sought advice from somewhere (CAB perhaps?) and was told that no one ever gets the compensation because, as long as the deposit is protected before the case goes to court, the LL doesn’t have to pay out, so any LL threatened with court action just protects the deposit and the case falls through. I don’t believe there’s any punishment/ability to sue just because it wasn't protected in time (unfortunately) This was a good few years ago though, it could have changed or I could be wrong!

Anyway. There’s no way you’re paying readvertising, you’ve done nothing wrong.

The rules on protecting a deposit have been tightened hugely in the last couple of years

If it is not registered with a government scheme within 30 days of the tenancy starting then you can take the landlord to court and you will win between 1-3 times your original deposit

The landlord does not have a leg to stand on if they (or their representative) served your prescribed information late

Hahaha!

Your LL can not make deductions from your deposit for advertising if you give correct notice (which one month on a rolling tenancy agreement). He's trying it on!

If he wanted a long term tenants, why did he give you a rolling contract?

Is your deposit protected in a registered scheme?

If he wanted a long term tenants, why did he give you a rolling contract?

Exactly. And he agreed to a contract of just six months in the first place, which is odd behaviour if he was seriously seeking a long-term tenant.

You have met your contractual obligations. You can leave now for any reason or none at all. The dog issue is unfortunate and if I were you I would be cross that you are having to move, but it isn't relevant to the question of whether he can charge you for leaving. He can't.

The pet thing is irrelevant. You completed your contractual 6 months and you are now free to leave. You owe him nothing.

He can't make you pay for readvertising.
As far as the pet issue goes, in many developments the overarching lease may state that there are no pets or pets may be allowed with the leaseholders permission. Many freeholders also include no smoking in public areas , which is now illegal anyway. The managing agent for the block should act on any pets if there is a blanket ban throughout the development from the main lease.
However the LL may specify no pets and no smoking in his flat, which does not apply to the rest of the block.
If he wants to complain about you leaving due to your allergies, he needs to speak to the managing agent.
It is worth seeking clarification about pets if you move to another flat.

If he is going to be petty, you could take him to court at some point over his failure to protect your deposit promptly. It's protected now, but he is still guilty of an offence and you may be awarded some compensation.

Shelter advise waiting until you've moved out to do this: england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

Agree with @Saracen.

Your LL has to notify you within 30 days otherwise you could sue him for up 3x the deposit amount. I would send a letter recorded delivery as well as an email.

Dear LL,

I am writing to you to terminate my tenancy agreement. This letter provides you with the minimum 30 day required notice as stipulated in the tenancy agrrement.

You will receive the last rental payment of £x on (date) and I will vacate the property on (date).

I expect my security deposit to be returned in full following an end of tenancy inspection. Should you wish make any deductions, please consult with me. If I do not agree with the propsed deductions, the (deposit scheme) will decide which deductions are fair.

As I am giving you the contractualy obliged notice to end the tenancy, you can not make any deductions to my deposit for readvertising/agent fees/credit checks etc.

When would you be available after (date) for an end of tenancy inspection?
Kind regards,
Tenant.