# Rented new house. Now they say I can't keep a dog?



## samanthajane (15 Dec 2009)

I moved into a new house 2 months ago. 

I was fully upfront with the esatate agent that i had a large breed of dog. He said this was no problem at all. So i viewed the house liked and and then moved in. 

I got a phone call this evening from the builder telling me i should never of moved into the house in the first place as i had a dog and they wern't allowed. 

Where do i stand? I didn't get it written into my contact about the dog being there, but there isn't anything in there about not having any pets. 

I've just spent a good few hundred euro having blinds put into the house, i've signed up to broadband, eircom and sky for the year, and not even to mention the hassel of having to move again. My kids have just got settled into the new house and now i have to leave. 

When i first moved out of the family home i knew it would be hard renting a place with a big dog but i had no rush in moving i could look around untill i found somewhere, now i have a month to find somewhere else. 

It was a nightmare finding this place in the first place i went through a nightmare in the first place getting estate agents to even contact mne about a house. 

Surely the estate agent has some blame here for renting me the house in the first place when the builder has said he wanted no pets in the house.


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## Towger (15 Dec 2009)

*Re: can you sue an estate agent?*

If is not in the countract then not much the builder can do. BTW I would never reply on the word of an estate agent... Except of course for MrMan....

As for the answer to your question, you can sue anyone, but is it worth the trouble?


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## samanthajane (15 Dec 2009)

*Re: can you sue an estate agent?*

probably not worth the trouble i'm just so mad at the moment. 

Only just got settled in the house and now i have to go. I just cant believe that the estate agent could let go such an important thing. It's the money i've spent on the house as well, the front room window is so big i doubt they would fit any other house i was in. And getting the sky into the house, i'm going to have to pay that all again the connection charges. Just think they should at least pay those for me since it wasn't my fault in the first place. 

I'm going to ring them in the morning and see what they have to say. The guy that dealt with it is away he's on holidays for another week, just hoping someone else there will be able to do something.


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## GreenQueen (15 Dec 2009)

*Re: can you sue an estate agent?*

I'm not sure about suing the estate agent but if you have a tenancy agreement can the builder make you move out immediately because you have a dog - when it's not in the lease?  I'm not so sure.....

Have you got your lease to hand?  I'd be double checking the conditions of the lease and then ringing the PRTB in the morning.

You may find this article from Citizens Information helpful:

http://www.citizensinformation.ie/categories/housing/renting-a-home/tenants_rights_and_obligations


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## jack2009 (16 Dec 2009)

*Re: can you sue an estate agent?*

What does your solicitor say, I have never heard of pets not being allowed in the home!!!


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## mf1 (16 Dec 2009)

*Re: can you sue an estate agent?*

"Only just got settled in the house and now i have to go. I just cant believe that the estate agent could let go such an important thing. It's the money i've spent on the house as well, the front room window is so big i doubt they would fit any other house i was in. And getting the sky into the house, i'm going to have to pay that all again the connection charges. Just think they should at least pay those for me since it wasn't my fault in the first place."

It is your own responsibility to check these things particularly when it is such a big deal.  As GreenQueen says, double check your tenancy agreement. If it does not prohibit pets/dogs, then you are not in breach of it. 

mf


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## onq (16 Dec 2009)

*Re: can you sue an estate agent?*

Unless you have a paper trail with a question asked or information offered seeking confirmation that the dog was not an issue, and a reply from the estate agent you have no case.

Estate agent diclaimers are legendary, one of the many reasons that profession needs to stand up and be counted, because there are very professional people and less than professional people in it. 
The latter get the former an undeserved bad name.
In the present case the estate agent should have warned you about the "no pets" rule, but I don't think there is a legla liability accruing - you need solicitors advice on this.
There may be an opportunity to refer the matter to the Ombudsman or some budding regulatory body or you could appeal to the Minister for the Environment to regulate if it hasn't been done yet [no time to google this morning].

On the other hand people who rent properties often specify "low maintenance" occupants.
Their exclusion list may include any or all of the following:


smokers
married couples
couples with kids
foreign nationals
people with pets

"Single professional female" territory.
This can be hugely difficult for people with a pet for company and/or protection.

Best of luck whatever you decide.

ONQ.


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## Polo (17 Dec 2009)

*Re: can you sue an estate agent?*

Is the garden big enough for a large breed? 
Does the dog infringe on your neighbours?
Do you have the time required to care adequately for a large breed?

If the answer is no to any of the above questions, its therapy you need and not the courts.


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## Bronte (17 Dec 2009)

*Re: can you sue an estate agent?*

Is this a normal rental or a rent to buy?  I ask because you say you purchased blinds which would not be normal in a rental situation and you also mention a builder.

Depending on your lease my understanding from the PRTB rules is that a tenant can be evicted in the first 6 months for no reason.  But the notice has to be served on you properly.


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## Berni (17 Dec 2009)

*Re: can you sue an estate agent?*



Bronte said:


> Depending on your lease my understanding from the PRTB rules is that a tenant can be evicted in the first 6 months for no reason. But the notice has to be served on you properly.


 
If she has a fixed term lease, then the 6 month rule doesn't apply.

If the lease doesn't prohibit pets then I don't see that there are any grounds for eviction. If it does, then the OP should have had the variation noted at the time of signing, the verbal agreement of the estate agent is worthless now.


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## foxylady (17 Dec 2009)

*Re: can you sue an estate agent?*



jack2009 said:


> What does your solicitor say, I have never heard of pets not being allowed in the home!!!


 
I would imagine there are lots of Landlords who dont allow pets  but I would imagine they put it in the lease


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## samanthajane (18 Dec 2009)

*Re: can you sue an estate agent?*



Berni said:


> If she has a fixed term lease, then the 6 month rule doesn't apply.
> 
> If the lease doesn't prohibit pets then I don't see that there are any grounds for eviction. If it does, then the OP should have had the variation noted at the time of signing, the verbal agreement of the estate agent is worthless now.


 

What is a fixed term lease? 

I signed what the estate said was a 'bog standard' contract, i was told that they would get another one done up for me, cause there were a few other issues i had with it as well. There was nothing on the page where it was meant to say what they had provided in the house just a figure of 15k. Which is way over as i had most of my own things. Also about putting up pictures and shelves ect it said i wasn't allowed but again i said this to the agent at the time and he said that it was ok for me to do this again it was a bog standard contact but there would be no problem. 

I was told that the person in charge of renting out the houses for the builder was probably not aware that there was a no dog rule!! Surely this cant be right, if i was renting out a house i'd be very clear on who i did and didn't want in my house. I spoke to the owner of the estate agents on tueday about this he had no idea what was happening, so i have no idea how the builder got my mobile phone to ring me and why he didn't get the esate agent to deal with it. 

Why is the verbal agreement now worthless.....i was told that it's just as good as a written contract.


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## Berni (18 Dec 2009)

A fixed term lease is usually a one year lease, and is probably what you have by the sounds of it.  

So is the only contract you signed the original one they presented with none of the changes you requested? Were the changes noted down at all on paper? If not you will have a hard time proving they were agreed.
Check it to see if it mentions keeping animals, if it does prohibit them then you are technically in breach of your lease and can be evicted.

Enforcing a verbal contract would be difficult, particularly when you have signed a paper contract which says the opposite.


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## samanthajane (18 Dec 2009)

yeah i do have a one year lease. 

Yes he said that was the one that everyone was signing, i did start to go through it to check it but he said he was in a rush had loads of other people to see, and i also signed the forms for the PRTB as well. 

Stupid i know i should never of signed it in the first place. Nothing was written down on it at all he said he would get all that sorted for me at a later date. 

So it looks like I'm going to get evicted, regardless of what was said and agreed before i moved in. 

Can he make me move out straight away or does he have to give me notivce? If he has to give me notice would it be the month or can he say just give me a date and i have to go.


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## TreeTiger (18 Dec 2009)

I can't find the answer in your posts on this thread so far, so perhaps you could clarify:-
Does the lease that you signed specifically state that no pets are allowed?


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## Berni (18 Dec 2009)

I would expect it to be 28 days notice, but again you need to check your lease to be sure.


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## sam h (18 Dec 2009)

You seem to say it didn't state in the contract that you can't keep animals?  The contract would have to state that specifically in order for you to be in breech.  

If that is the case, he has no ground to evict you, as far as I know.  You could check with PRTB.  

You don't have to get it specified that you are allowed to keep animals (but it would help to be 100% covered).


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## samanthajane (18 Dec 2009)

It says in the lease that i need permission to be allowed to have pets. Thats all it says. I would class asking if the owner allows pets and being told yes i can have my dog as permission. 

I've gone throught the agreement 3 times...there is nothing about either party giving notice to other other. 

So witht hat not in there does that mean he could ask me to go tomorrow and i would have to?

the only thing close that i can find says:- Only the tenant named herein shall reside in the premises and the tenant shall not reside in the premises beyond the expiry or termination of the tenancy.


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## Berni (18 Dec 2009)

If a notice period isn't specified, then the PRTB default comes into play, and that is 28 days. If he tries to get you out in less, appeal to the PRTB and stay put.

If the lease just says permission, and not written permission, then he is on shakier ground and it could be worth putting in an appeal to the PRTB.


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## samanthajane (18 Dec 2009)

thanks so at least i'll have 28 days. Does that need to be written? 

He did say to me on tuesday that i can stay but the dog has to go, end of story...would that be classed as him giving me notice, cause i did say to him that i wouldn't get rid of my dog. 

I'd love to just stay here pay no rent and make life as difficult as possible for him...but i just cant be bothered with it all i'll just start looking for somewhere else to live. 

thanks for all your help and advice


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## sam h (18 Dec 2009)

Samantha, I think you are wrong not to put up a fight. 

- the contract says you need permission which you were given by the estate agent who is representing the landlord. Tell the landlord to take it up with the agent.
- if you do feel you are better off moving, I would suggest you look for compenstion for the things you have contributed to the house (broadband, sky etc) and for the cost of moving. 
- check with the PRTB to see how you are covered


Notice must be in writing


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## Berni (18 Dec 2009)

It does need to be written, and I wouldn't class that as having been given notice.

A sample of a valid notice is given here [broken link removed]

You're right that it probably isn't worth the hassle to fight him, but don't let him bully you into rushing your move. 
I hope you have better luck with your next landlord, and always remember, you can tell an estate agent is lying because his lips are moving ;-)


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## samanthajane (18 Dec 2009)

I know i'm surprised with myself, i'm very much the fighter kind, even when i know i cant win. 

But there's more important things at the moment like the kids. It was hard enough on them then we moved out of the family home, and to be honest i'm all out of fight at the moment, i just cant be bothered anymore. 

I have no written proof of anything that was agreed, it's a lesson well learnt and i wont make the same mistake again of believing and trusting what anyone says to me. Next time i'll make sure it's written into the contract 100%. 

The only fuss i will make is about my deposit if i dont get it back i wont move out and hand the keys back untill i get it in cash, as cash is what i gave to them. They have no grounds what so ever to keep any part of that for any reason, the house will be left exacetly the same as what it was when i moved in ( actually better as i had to clean it myself after the buliders had finished putting the floors, carpet and tiles )

I dont want to stay here knowing i have to move eventually anyway, i want to make a home somewhere, and its not like the contract would ever be renewed after all of this so i'm better off finding somewhere where it's an option to stay for a few years.


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## samanthajane (18 Dec 2009)

Berni said:


> and always remember, you can tell an estate agent is lying because his lips are moving ;-)


 
yep i've learnt that the hard way lol


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