can freeholders ban pets?

pigeonpie

Know this has been raised before, but can a freeholder just ban a flat owner from keeping pets? I thought they had to be reasonable. If you can look after your pet so that it does not bother anyone else, foul common areas etc is it reasonable to refuse permission?

Pay a fortune for a flat only to be told you can't ever keep a dog, is crazy.

Jamz

Having dogs in flats is just cruel anyhows so they are doing the dogs a favour

ftbworried

Is it? How does the dog know the difference between the flat and a house?

If the OP takes her dog for plenty of walks then how is it different to the dog living in a house?

Jamz

If you think a few walks a day is enough time outside for a dog then your mistaken..

Ian_W

But to try to answer the OP's question! :rolleyes:

I don't think the freeholder has any power to simply ban dogs on a whim BUT, and it's a big BUT you need to check your leasehold carefully. It may specifically ban dogs or pets generally, or it may give the freeholder a power to ban some activities that aren't specified but may be considered a nuisance.

If there is no power granted to the freeholder in the lease they granted then I think they're on very dodgy ground.

HTH

P.S. Jamz - it might be a garden flat, OP doesn't say.

Andy_L

If your lease says "no pets" then yes, the freeholder can, and has, "just banned them". If it makes no comment & the freeholder wants to retrospectively ban them then, as Ian W says, the're on shakier legal ground and it all depends on the circumstances.

Jamz

Ian_W wrote:

P.S. Jamz - it might be a garden flat, OP doesn't say.

Good point

JennyW_2

Jamz wrote:

Having dogs in flats is just cruel anyhows so they are doing the dogs a favour

you shouldn't make comments such as this without knowing the facts.

I live in a flat with a garden and have 2 dogs - they have the best time ever. Having recently moved from a 3 bed house, I doubt they can tell the difference.

However back to the OP's question. Our leasehold contract states that we are not allowed to keep animals which may cause annoyance. I did check this with my solicitor before purchasing. Basically I can keep pets but just need to make sure they don't run riot, bark, upset the neighbours etc.

goldbyron

I think you are able to write to your freeholders and request you have a pet - they can provide permission to override the lease as long as your pet meets criteria (i.e. not causing a nuisance).

pigeonpie

Thanks everyone. The lease says no pets without freeholder permission, & such permission can be revoked at any time. He won't change the clause. Spoke to him and he has an irrational loathing of dogs (there are rental tenants with big dogs now he doesn't know about! But no-one could buy a flat and take that risk). Right now we don't have a dog but live v near a big park and in the future thought it would be nice.
We presume that any permission for cats could not 'unreasonably' be revoked (say if they miaow and a neighbour we've had a dispute with has it in for us and complains) but the Q is what is unreasonable as there's nothing in the lease?

I would never leave any pet alone all day btw. In some EU countries you have a legal right to keep pets in flats (but they don't have leasehold of course) subject to the same no nuisance restrictions applicable to anyone in the building re loud music, TV etc. Much better arrangement.

Norma_Desmond

Hmmm.....in the end it's up to the freeholder though. Not everyone likes dogs and how can any dog owner be sure that their pet doesn't bark incessantly when they're out or be certain that it will never foul a communal area etc.? - some leaseholders may have bought their flats on the understanding that they are dog-free and it wouldn't be fair on them.
Leasehold properties ARE restrictive to a certain degree, and if you want a dog then you'll probably have to buy a freehold property where you can pretty much do anything you want.