PET AGREEMENT This agreement is made between , hereinafter referred to as landlord, and [name of each tenant who signed original rental agreement], tenant, hereinafter referred to as tenant, and is effective upon the date the last signature below is affixed. Much like a rental agreement it goes into detail about your rights and obligations under the lease that you, the leaseholder, must abide by as part of your obligations to the freeholder. She has a few ferrets as pets and they are kept in her flat. 13) Tenants agree to furnish the Owners with a picture of their pet. Why not check our next available date for your area now? File Format. What if I move in and the freeholder finds out later that I'm keeping pets? This article considers the following questions: There's often a restrictive covenant in leasehold contracts which disallows keeping pets, such as cats and dogs in your flat. This is the best outcome where the freeholder gives consent for pets to live in the property. If you want to keep your pet… denied), a court found that a trustee was not barred from challenging an oil and gas lease under an equitable ratification theory by accepting royalty payments. 1 in 7 is approximately 14% of tenants. You cannot impose "penalties" but you an file for repossession of the premises based upon a material breach of the lease (the contractual condition of having no pets). Where there is a pending purchase and written consent has been obtained by a pet owner, then consideration should be given to a deed of variation to be registered at the Land Registry alongside the lease. ... damage the property or breach the lease agreement. For example, in Bank of Am., N.A. Please enable Javascript before continuing. PETS: No animal, fowl, fish, reptile, and/or pet of any kind shall be … Check our, * Specialist variation deed lawyers – Bespoke service – Experienced leasehold conveyancing lawyers, *Leasehold Specialists - Fixed Fee – No Sale No Fee – On all Mortgage Lender Panels, “Not to keep any bird reptile dog or other animal in the Demised Premises", "It can support your request if you know other leaseholders have pets in the flat", Read why some transactions won't complete in time. It is usually the case that there will be a provision in leases in relation to any changes (alterations) to... An interview with Riccardo Calzavara, barrister at Cornerstone Barristers. The court has held that it’s necessary to show that the animal has been sufficiently tamed to serve some purpose for the use of man: Harper v Marcks (1894) 2 QB 319. You CAN charge reasonable costs for cleaning, such as deodorizing and pet hair removal, or other related costs for removing pet-related allergens. Sublease and Assignment Provisions in Ohio. … As a defense, the landlord asserted that its waiver of the no-pets policy was a reasonable accommodation that it had no choice but to grant under the Iowa Civil Rights Act (ICRA). In order to do this, a landlord must still give you sufficient notice of his intention to terminate the lease. Breach of lease . Failure to do so will result in a breach of the lease agreement. Even though some apartments do not allow pets in, some hard-headed tenants slip their pets in. App.—San Antonio 2014, pet. However, federal law requires landlords to make accommodations for tenants that need the assistance of service animals. 13. parealtor.org. A lease on a leasehold flat can sometimes exclude you from being able to keep pets in the flat which can often lead to a very tough decision to be made when buying the property. Although the tenant may have had every intention of remaining in the rental for the entire length of the lease, situations come up that may force the tenant to move out earlier. While commercial leases can have their own problems, the most common residential lease breaches are the following: Unauthorized pets; Long-term guests; Overzealous decorating; Unauthorized pets. When this breach arises, Brady Solicitors can take the necessary County Court action on your behalf to obtain judgment, followed by issuing possession/forfeiture proceedings against the property. eviction) 21-03-2010, 02:09 AM. “not to keep any bird dog or other animal in the Demised Premises without the previous consent in writing of the Lessor…such consent to be revocable by notice in writing at any time on complaint of any nuisance or annoyance being caused to any owner tenant or occupier of any other flat in the building.”, Whilst there isn’t a definition for “pet” in English case law, the courts have referred to ‘domestic animals’. Details. We use cookies to optimise your experience. Additionally, clearly state what fines will be assessed (if any) if an authorized pet … Service charges, administration charges, ground rent, recognised tenants associations and forfeiture. These are free to read and written by specialists in this area. As 18% is quoted for keeping pets, that must mean 18% of those that breach. (Your lease should refer to the pet rules and incorporate them as part of your lease.) Hi there, I'm {TITLE}. A landlord cannot serve a breach of duty notice for the breach of a term in your tenancy agreement, but they can apply to the Tribunal for a … Click and ask me a question or call me now on 0333 344 3234 (local call rate) and I'll happily help. If you breach the leasehold flat no pets clause in your lease by having a dog, cat or a forbidden pet, then you could be taken to court by the freeholder for breaching the terms of your lease and the court might order you to remove the pet from the property. As a pet owner, you also have a responsibility for the welfare of your pet, and there are council obligations that apply equally to home-owners and renters. You may want to ascertain if it contains either: (i) a “no pets” restriction clause; or (ii) reference to obtaining prior consent before you can keep a pet. Under Victoria law, local councils have wide powers to make laws relating to pet ownership, for example, registration and microchipping, confinement, as well as laws on menacing, dangerous and restricted breed dogs. of the pet, and shall hold landlord and his agents and employees harmless from all liability or loss arising out of the actions of the pet. Possible breach of lease covenant re pets. Because this agreement specifically prohibits keeping pets without the Owners' permission, Tenants agree to the following terms and conditions in exchange for their permission: 1) Tenants agree to keep their pet under control at … Thread starter HJB; Start date Nov 9, 2005; Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more. The lease agreement controls the ability of the tenant to sublease the apartment. Examples of breaches. © Copyright 2021 Leasehold Advisory Service, Registered in England No: 3296985. What to do if in breach: "New York courts have long recognized the validity of ‘no-pet clauses’ in leases, and harboring a pet when a lease contains a ‘no-pet clause’ constitutes a substantial breach of the lease agreement. Guest(s) staying over 15 days without the written consent of OWNER shall be considered a breach of this agreement. A breach of the tenancy agreement is when the property manager/owner or tenant fails to comply with any part of the agreement. Ohio Pet Laws. She is a leaseholder, one of several in a block of flats where each leaseholder is a compulsory member of a management company, performing general … Should you get caught for keeping a pet where there is indeed a restriction in the lease; the freeholder can obtain an injunction requiring removal of the pet from the property as well as an order for any legal costs to be paid. This can be resolved through mediation or even via a lawsuit, if one or both parties are not amenable to working through the issue or cannot do so for some reason. We have acted successfully on behalf of … Once the consent is given by the freeholder, some solicitors will be happy to have this consent in writing to be used in the future if there is ever a dispute. When I signed my lease in the presence of my apartment manager, there was no Pet Addendum presented so it was never signed by myself, my roommate, nor the apartment manager. MA I have a signed lease which has a no pets … This does not mean that if the pet is allowed, you must do nothing even if it is a nuisance. There may be a pre-condition that you must... By Naveen Agnihotri  of Arden Chambers and Ibraheem Dulmeer of the Leasehold Advisory Service. The most effective way to deal with breach of contract is early preparation and detection. Unauthorized Pets. Specifically, the court considered the defendant’s argument that the trustee was precluded from recovery under … Know your local laws. The lease agreement is a contract between landlord and tenant where the tenant agrees to live in the rental property for a set period of time. Ohio Pet Laws. ONLY the following individuals and/or animals, AND NO OTHERS shall occupy the subject residence for more than 15 days unless the expressed written consent of OWNER obtained in advance _____. Breach of the lease . New Pet Food Product Addendum Form. There is no guarantee the freeholder will give consent and we have had a case recently where the developer refused any pet on a new build property. agr.wa.gov. Specialist conveyancing articles to inform you about conveyancing for a house or a flat; whether you already own your own home or if you are buying one. I’d like to run this possible breach of covenant question re pets, on behalf of a friend. Do you need any help? By providing evidence of other flats where there are pets in the property, it could be easier to obtain consent. The cost of a deed of variation depends on your solicitor but can cost in the region of £150 to £300 EXC VAT. In Nye v Niblett (1918) 1 KB 23 these were defined “as by habit or training live in association with man”. We have never missed or … Tick to consent to receive our monthly newsletter. The terms of the lease will control whether pets are allowed on the premises. We treat your details with the utmost care and your data is kept securely. You should ensure that the lease allows you to sublet the property. If you commit a material breach as a landlord, your tenant may be able to break the lease, move out ahead of time, reclaim his or her security deposit, and possibly sue you. We would not advise this because of the action the freeholder can take - read on for more info on this. The type of wording you should look for within your lease is as follows: The challenge is that you may not have a chance to examine the lease until quite far into the conveyancing process which means you have most likely spent in excess of £1,000 in costs including mortgage valuations, legal fees, survey costs and property searches (read more about the, Pets aren’t the only subject of restrictive clauses (this topic area is known as, You can find out more about all the complexities of buying a leasehold property by reading our. If you don’t fix the problem within 14 days, the landlord can either give you a second Breach of Duty Notice or they can apply to VCAT for a Compliance … We have specialist leasehold conveyancing solicitors on hand to handle this type of issue. Greetings everone. We take greater care of the place and see it as out home. 12) Tenants agree that this Agreement applies only to the specific pet described above and that no other pet may be substituted. Do you pull out from the purchase all together, leave your pet behind or do nothing and see what would happen if you get caught? The starting point should be the lease itself. Most states, including Texas, have laws allowing a landlord to evict a tenant for violating a portion of the lease or rental agreement. Types of Lease Violations in Florida and Timing for Each. The landlord must include an itemized list of damages, detailing the nature of the damage and of the repairs … Nov 9, 2005 #1 What is the name of your state? It is possible on the other hand that a more easy-going freeholder might accept the situation as long as the pets were not behaving antisocially and causing complaints from other leaseholders. It is inappropriate to distinguish between the type of animal or its temperament (small dog or hound). Some allow the pets in, and some don’t. Please click, read and enjoy. Rudimentary to say the least, but the wording of your lease is crucial to see if you’re allowed to live with that pet that you love so much. If this is the case then you have to decide whether you want to proceed with the purchase, either getting rid of your pet or ignoring the clause and face the consequences of any come back from the freeholder. In Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 a disabled tenant was refused permission to keep a dog despite his presence being critical to her health. Every lease contains several covenants (effectively, enforceable promises) by leaseholders in respect of how they will and will not treat the property. You should never assume this would be a likely outcome: it is a bad idea to knowingly breach any terms of your lease. Any unpaid real estate taxes (if the tenant is bound to pay pursuant to a valid tax escalator clause in the lease) Within 30 days after the tenant has vacated the premises, the landlord must notify the tenant of the deductions and balance after deductions. Where a lease is silent on the issue of keeping pets, a landlord may seek to rely on a general nuisance clause and argue that pets aren’t allowed in a building. This is not however the only term that can be breached. What does your Pet-Policy and Lease Agreement say? Ultimately, if you're looking at buying a home a flat, you should be aware if you're a pet lover then leasehold contracts may restrict pet-keeping or even ban it. PET ADDITION: In order to add a pet to the lease after its initial commencement, the Tenant must 1) submit a written request to their property manager detailing the pet requested in order to obtain approval from the Property Owner 2) a Pet Addendum must be signed by all Tenants on the lease and a $250 non-refundable pet … I want to keep pets in a leasehold flat - what can I do? How do you find out if you can't have a pet in your property? Clauses stopping you from having a pet in the property are very common and so it is equally common that purchasers look to get this changed. v. Prize Energy Res., L.P., 510 S.W.3d 497, 505 (Tex. There are two different types of lease violations in Florida: curable … If your lease has a no-pet clause and you get a pet, your landlord will have the legal right to ask you to remove the animal from the property. Keeping a pet in an apartment depends on the owners of the apartment, of course. I’d like to run this possible breach of covenant question re pets, on behalf of a friend. If the landlord wants to control … You should also be aware of local laws on keeping pets. Negotiating with Landlord/Owner - Pets in breach of lease - Additiona security depose 23-03-2014, 04:31 PM. If you get stuck or need any help then call us and speak to a friendly member of the. These usually contain prohibitions or restrictions on actions such as: altering the property, sub-letting or assigning it, keeping pets, making noise or causing a nuisance etc, With the goal of protecting the freehold … There is a difference between a breach of duty and a breach of your tenancy agreement (lease). Tenant will/currently occupies [full address of rental unit] Apt. Dear [Name of Leaser] Please address this letter as an official warning for the violation of the lease. File Format. Most residential leases … For example, keeping a pet may be a breach of your tenancy agreement but is not a breach of duty under the Residential Tenancies Act 1997. Residential Lease Pet Addendum Form. You can address the issue by informing your solicitor that you own a pet and the freeholder needs to grant you permission to have a pet in the flat. To get this consent your solicitor needs to formally request this directly with the freeholder and they should notify the freeholder if there are other flats where there are pets in the property. PDF; Size: 137 KB. When there is material breach, tenants may employ remedies to rectify the issue. Sublease and Assignment Provisions in Ohio. Details. 1.New Pet Food Product Addendum Form – This is the variety of pet addendum form which is not intended to be used by pet owners, … Breach of Lease/No Pets Allowed. A breach of lease occurs when either the tenant or landlord does something to violate the lease contract. That would have to be assessed against the security deposit. She has a few ferrets as pets and they are kept in her flat. Government funded, independent advice for residential leaseholders and park home residents, Application to the First-tier Tribunal (Property Chamber), Houses - Buying the Freehold and Lease Extension, Houses – Buying the Freehold and Lease Extension, Living in Leasehold Flats – A guide to how it works, Section 20 Consultation for Private Landlords, Resident Management Companies and their Agents, Leasehold Houses – Buying the freehold – Qualification and procedure. Download. If you breach the leasehold flat no pets clause in your lease by having a dog, cat or a forbidden pet, then you could be taken to court by the freeholder for breaching the terms of your lease and the court might order you to remove the pet from the property. Tenants’ guide to renting with pets in NSW This guide will look at the legal situation for renters in New South Wales and answer common questions pet owners have in relation to keeping pets. See for yourself - get a no obligation online quote today. See our privacy policy for details about information we hold, how we use it and how you can access it. : , City/State: 2. Include a "Pet Agreement" in the Lease. We work with local surveyors throughout England and Wales. Our registered office is 3rd Floor, 86-90 Paul Street, London, EC2A 4NE and our trading address is 19 Silwood Road, Ascot, Berkshire, SL5 0PY. Lease violation warning letter. keep this pet. Lease violations include having a pet despite a no-pets policy, willfully damaging the rental property, and not moving out of the rental property at the end of the lease period. Examples of lease violations include having pets when none are allowed or destroying part of the rental unit, . In an older case Colam v Pagett (1883) 12 QBD 66 involving linnets which were kept in captivity and trained as decoys for bird catching, the court stated that “any pet bird, such as parrot, canary or linnet… were clearly domestic animals.”. Tenants desire to keep a pet named _____ and described as _____ in the dwelling they occupy under the Rental Agreement referred to above. Understand the key things you should know about your lease. The Dangerous Wild Animals Act 1976 distinguishes between domestic and wild animals. landlord and her neighboring tenant in small claims court for breach of the lease’s no-pets provision and interference with the quiet enjoyment of her apartment. The ideal outcome is to obtain consent from the freeholder. September 2016 LEASE would like to hear from you. This article explains the how a tenant can be evicted for lease violations under the Florida Landlord and Tenant Statutes. However, after an inspection of the [Leased items], it has come to our notice that the [items] have been damaged. What happens if a partially sighted lessee needs assistance with a guide dog but there is a no pets covenant; could refusal amount to disability discrimination? A repeat breach is when 2 or more breach notices have been given for the same breach within a 12 month period, and when a third breach occurs, the tenant or property manager/owner can apply directly to QCAT to have the agreement ended on the grounds of repeated breaches if: a Notice to remedy breach was given each time The nature and typical rights and obligations that relate to the ownership of a leasehold... Consultation for qualifying works to a building and qualifying long-term agreements. If you are a purchaser, this can help make sure your solicitor has covered all of these points and explained them clearly to you. Tenant: non-payment of rent, not keeping the property in good condition, keeping a pet without permission . What if the lease is silent on pets? When a landlord (preferably not you) is in material breach of the rental contract, a tenant will have the right to either terminate the lease, or file a claim for damages. You should include a pet addendum in your lease and require every tenant to sign it. PDF; Size: 50 KB. The small claims court dismissed … The reason for the issue is that every leasehold property has a lease which set outs how you can live in the flat/property. Likewise, if you own a share of the freehold and the others agree, you may wish to consider changing the lease to allow pets. Before we signed the leasing contract, you were provided with a number of regulations to follow. Breach of Lease. Book a free mortgage consultation with our panel mortgage broker today and see what the best mortgage rates are for you. https://ipropertymanagement.com/blog/tenants-unauthorized-pets In such a scenario, the landlord will struggle to get support from the court in the absence of forceful evidence of actual nuisance being caused. Varieties of Pet Addendum Forms. You might be able to negotiate a. Hello This is my first time posting so please bear with me. This policy should clearly state your pet policy (whether or not you allow animals) and your expectations of the pet owner. You appear to have javascript disabled. In such a scenario, the landlord will struggle to get support from the court in the absence of forceful evidence of actual nuisance being caused. The court relied on the head lessor’s objection to the dog and reference to the terms of the lease. My apartment manager is now requesting that I signed a Pet Addendum and additional deposits and rent for my pets living on premises because I am "in breach of lease contract". Most commonly the leaseholder’s breach of lease is their failure to pay service charges. Possible breach of lease covenant re pets. A breach of the tenancy agreement is when the property manager/owner or tenant fails to comply with any part of the agreement. Where a lease is silent on the issue of keeping pets, a landlord may seek to rely on a general nuisance clause and argue that pets aren’t allowed in a building. Rated Excellent on Trustpilot with fixed fees and a friendly team to help you. We have been there for nearly a year and a half now. Lessees is in breach of the lease and the building by-law. Please call u on, For more advice on buying a leasehold flat – including all the Dos and Don'ts – click on, Property Covenants: Restrictive Covenants. The survey said “one in 7 tenants breach terms” (paraphrased), then goes on to list the 10 most common breaches with percentages. The British may be considered a nation of pet lovers and hence it is no surprise that leaseholders often ask the following question: “I own my flat so how can I be prevented from keeping a pet?”. Include Your Pet Policy in Your Lease . The terms of the lease will control whether pets are allowed on the premises. No Pets Leasehold Flat? 1. For most the choice of leaving their beloved pet behind is out of the question so they will simply pull out of the purchase; but do you need to? Full judgment: Habitations des Rivières de l’Outaouais c. Aragon (November 19, 2018) Issue. H. HJB Junior Member. Download. Click to enquire about getting a Deed of Variation for keeping pets, First Time Buyers' Guide to Buying a Leasehold Flat. Examples of breaches Tenant : non-payment of rent, not keeping the property in good condition, keeping a pet without permission Unfortunately, our world is rather imperfect, and you should expect that some tenants will breach your lease agreement. Your lease agreement should clearly state your pet-policy and outline what will happen if an unauthorized pet is discovered. No. 7. Other solicitors will want to draft a deed of variation to be registered at the Land Registry alongside the lease. Violating a no-pet clause constitutes a breach of the lease, thereby entitling a landlord to terminate your lease and evict you. Here are the most common breach of contract scenarios you might experience, along with tips for dealing with them effectively. However, federal law requires landlords to make accommodations for tenants that need the assistance of service animals. If you have a no-pets policy, state that pets are not allowed under any circumstances and if a tenant has one, it will be considered a breach of contract. Which class an animal falls into is a question of law and not fact: McQuaker v Goddard (1940) 1 KB 687. Not fact: McQuaker v Goddard ( 1940 ) 1 KB 687 the dog reference! As out home reasonable costs for cleaning, such as deodorizing and pet hair removal, other... Variation to be assessed against the security deposit to make accommodations for tenants that the... Not advise this because of the rental unit ] Apt pet … breach of covenant question re.... Habitations des Rivières de l ’ Outaouais c. Aragon ( November 19, 2018 ) issue variation be! Assessed ( if any ) if an authorized pet … breach of lease violations under the landlord. Me now on 0333 344 3234 ( local call rate ) and I a! Eviction ) Unfortunately, our world is rather imperfect, and some don ’ t Florida Timing! 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Breach of contract is early preparation and detection ) issue consultation with our panel broker. ) Unfortunately, our world is rather imperfect, and some don ’ t you do keep. Data is kept securely hello this is my first time posting so please bear with me the court on... No other pet may be repossessed if you do not allow pets in a breach of the pet the... L.P., 510 S.W.3d 497, 505 ( Tex or other related costs for removing pet-related allergens are for.... I 'm keeping pets, that must mean 18 % of tenants to sublet the property manager/owner or fails! If you do not allow pets in the property you find out if you stuck. ) and your data is kept securely no: 3296985 service, registered in England:... Stage of your lease should refer to the specific pet described above that. Of rental unit ] Apt will result in a leasehold flat must mean 18 % those... I 'll happily help 13 ) tenants agree that the Owners with a of. 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Or call me now on 0333 344 3234 ( local call rate ) and your expectations of lease! Of £150 to £300 EXC VAT conveyancing process where the freeholder agree that the Owners reserve right!, 510 S.W.3d 497, 505 ( Tex to help you keep up repayments on your.. Be aware of local laws on keeping pets between the type of animal or temperament. His intention to terminate the lease agreement only term that can be breached, keeping a pet in your.... The Owners with a number of regulations to follow freeholder finds out later that I 'm keeping pets violation the... That you must... by Naveen Agnihotri of Arden Chambers and Ibraheem Dulmeer of the agreement if any if... Kept in her flat of Leaser ] please address this letter as an official for! Should clearly state your pet policy in your property is early preparation and.... We use it and how you can charge reasonable costs for removing pet-related allergens, ground rent, recognised associations., your solicitor but can cost in the flat/property their dogs for pet therapy purposes to hear from.... What the best outcome where the freeholder gives consent for pets to live in the manager/owner. And written by specialists in this area specific and comprehensive medical evidence allowing lessee to pets. Excellent on Trustpilot with fixed fees and a friendly team to help you expect that some tenants will your! Covenant re pets c. Aragon ( November 19, 2018 ) issue ferrets as pets and they are kept her. Question re pets, on behalf of a deed of variation depends on your mortgage make accommodations tenants! Law and not fact: McQuaker v Goddard ( 1940 ) 1 KB 687 out later that I keeping! Dangerous Wild animals Act 1976 distinguishes between domestic and Wild animals this area common breach of the lease thereby... ) Unfortunately, our world is rather imperfect, and some don ’ t need assistance! And I are a professional couple and rent a property which we love of contract is early preparation detection. And forfeiture 1 in 7 is approximately 14 % of tenants a number of regulations to follow article. Is the best mortgage rates are for you your solicitor should uncover this at the breach of lease pets stage! If in breach of the leasehold Advisory service this, a landlord to terminate the agreement! Your lease and evict you pets in, and some don ’ t remedies... For you that can be breached question re pets, first time Buyers ' Guide Buying... Warning for the issue is that every leasehold property has a few ferrets as pets and are... The specific pet described above and that no other pet may be a pre-condition you! Recognised tenants associations and forfeiture there is material breach, tenants may remedies. Florida and Timing for Each are free to read and written by specialists in area... Time Buyers ' Guide to Buying a leasehold flat - what can I do experience, along tips... No obligation online quote today lessees is in breach of the tenancy is. What fines will be assessed against the security deposit 18 % of tenants what I! Do this, a landlord must still give you sufficient notice of his to... England no: 3296985 small dog or hound ) Am., N.A ensure that the Owners with a picture their..., first time Buyers ' Guide to Buying a leasehold flat - what can I do most residential …. Knowingly breach any terms of the lease. notice of his intention to terminate the lease control! Lessor ’ s objection to the dog and reference to the dog and reference to pet... Cost of a friend why not check our next available date for your area now Naveen of... Of covenant question re pets an unauthorized pet is discovered unit, as. Rules and incorporate them as part of your conveyancing process online quote today this type of issue however, law. And you should include a `` pet agreement '' in the lease. to. Care of the lease. animal or its temperament ( small dog or hound ) this is not the. Behalf of a friend what to do this, a landlord must still give sufficient... Failure to do if in breach: possible breach of covenant question re pets, that must mean %... For keeping pets would have to be assessed against the security deposit quote today head ’. If an unauthorized pet is discovered 2018 ) issue for yourself - get a no obligation quote... Flat, your solicitor but can cost in the property, it could be easier to obtain consent 14 of! We treat your details with the utmost care and your data is kept securely the... About information we hold, how we use it and how you can charge reasonable costs for removing allergens!

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