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3. If the estate agent and the landlord have not mentioned the prohibition of pet keeping to the tenant before entering into the tenancy agreement, is it the tenant's responsibility to provide remedies as per the requests in 1 and 2?

Generally the covenants forming part of the DMC are binding upon the tenant irrespective of whether the estate agent or the landlord has specifically drawn the contents of the DMC to the attention of the tenant.

 

So the Incorporated Owners of the building and the management company can take enforcement action against the tenant for non-compliance of the DMC as mentioned above.

 

A prospective tenant is advised to look into the DMC and make proper enquiries, if appropriate, to ascertain whether there may be any special restrictions under the DMC prior to entering into a binding tenancy agreement.

 

As to whether the tenant would have a claim against the estate agent or the landlord for damages or for early termination of the tenancy agreement, it may depend on whether the tenant was procured to enter into the tenancy agreement by misrepresentation.

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