can freeholders ban pets?

earner

If I were a freeholder I'd put clauses in that protected the masses.

Policing and managing "nuisance" would be too hard. It becomes emotional and subjective.

A freeholder doesn't want to be bothered at all by managing the freehold. It is an investment only. Any time they have to spend dealing with the managing of the freehold impacts on their income/earnings.

hazeyj

Thats why a managing agent is in place usually but some freeholders do make a choice to manage their freehold block but ultimately if you are a freeholder then you do have to accept that leaseholders will want to appraoch you from time to time and legally you have to acknowledge these requests.

Minty_2

Hi, just thought I'd my share my experience. We moved into our one bed flat a year ago and OH really wanted a dog. It took a lot of persuading on his part and since I grew up with a lot of dogs was less keen. We investigated the breed he wanted intensely before I agreed. We have a 28ft long balcony a great park nearby and I'm home more often than not. Actually it didn't occur to us that as owners we'd not be allowed to have a pet! Only after getting our dog did a friend say does your lease allow pets? Oops! We wrote to the management company asking for permission taking responsibility for his every action and that they could inspect the premises anytime they liked etc...
we sought a quiet dog for starters its not in the breed to bark for no reason, hes small and has really enriched our lives, neighbours have no problem and some probably don't even know he exists. Management company responded within a couple of days (much to our relief as we already had him! and said provided we don't let him foul the communial areas or shake when he comes in from the wet they were ok with it. That was nearly 6 months ago and all is well, so much so we've sold our flat and hope to exchange this Friday. Having a dog inspired us to get somewhere with a garden and a friend for him. Without him would have meant missing out on our dream home.
Good luck in getting your companion. X

tomstickland

I live in a leasehold flat and the lease states no pets. One neighbour has a cat (I saw it sat in her window box the other day, but have never seen it before in months) and another has a dog. The dog does bark occasionally but he's a pretty cool dog IMO. Noone has got a problem with it. I think it's good that the lease contains clauses to protect the leaseholders. So if a nusiance neighbour moved in with a dog that barked continuilly then we could do something about it.

If you have an issue with the lease/freeholder then don't buy the flat.

If we let it go and keep renting we'll be priced out by next Spring.

Once everyone is priced out then prices won't be able to rise anymore.

pigeonpie

ha ha, you aren't in London! Prices have risen 15% since Spring here due to high demand and nothing for sale. Most sales of reasonably priced (for London....!) properties go to sealed bids.
The flats here are all going to be sold; currently all tenanted. Hopefully the new owners will be reasonable people. We are so careful about noise. Our current wall-neighbours are too, but they are leaving. Very worried a party animal moves in - not banned by the lease :-(

Lpet

I was wondering if anyone can help, i have just got the keys to a ground floor flat, it has a communal garden and my flat is the only one which has a private patio area. I was not aware the lease has a no animals clause unless with prior approval from the managemet company. There are 8 flats and each owner has a share of the freehold so therefore I am part of the management company. I am about to move in and have no idea what to do, as my dog is like family to me he is only small and well behaved/trained. I didn't go through the contract in detail as the estate agency showed me the flat and the garden and knew I had a dog so I never even dreamed it was an issue and I know how stupid this sounds /naive I am but unfortunately I have learnt the hard way. I have no idea what the others will say when I move in or what they can do? I will ask they give me a chance and say that if they are not happy as soon as I can afford to move, put the place on the market? I am just distraught and feeling very nervous, any help / advice really appreciated.

DaisyClaire

Jamz wrote: »

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

Suits me just fine

chickmug

Lpet wrote: »

I was wondering if anyone can help, i have just got the keys to a ground floor flat, it has a communal garden and my flat is the only one which has a private patio area. I was not aware the lease has a no animals clause unless with prior approval from the managemet company. There are 8 flats and each owner has a share of the freehold so therefore I am part of the management company. I am about to move in and have no idea what to do, as my dog is like family to me he is only small and well behaved/trained. I didn't go through the contract in detail as the estate agency showed me the flat and the garden and knew I had a dog so I never even dreamed it was an issue and I know how stupid this sounds /naive I am but unfortunately I have learnt the hard way. I have no idea what the others will say when I move in or what they can do? I will ask they give me a chance and say that if they are not happy as soon as I can afford to move, put the place on the market? I am just distraught and feeling very nervous, any help / advice really appreciated.

Perhaps your solicitor should of pointed out any quirks in the lease (can be long winded 12 pages or even 100 pages) or asked you to read it. I doubt many if any EA's would read the leases on properties they handle - right or wrong I am not sure.

I used to suggest that prospective buyers took a look at the lease (available by email) and/or ask their solicitor to look through for exactly this sort of restriction. A restriction that is common with tis type of set up. Others conditions could cover letting, floor coverings, use of garden areas, etc.

If I bought with a no dogs clause and someone moved in with a dog I would not be a happy person - sorry.

iwantadoggy

Hi all, I would appreciate some advice as I am in a similar situation. I have lived in my block of flats since it was built nearly 7 years ago. The lease states that pets may only be kept with the permission of the freeholder. Some of the residents purchased the freehold several years ago, so they would now be responsible for granting permission for pets.

There are various residents living in the block who already have cats and dogs (including my immediate neighbours) who were granted permission to keep these pets before the freehold was purchased by the current resident freeholders.

Whilst the terms of the leasehold with regard to pets remain the same, I have been told that the freeholders have decided (off the record) that they will point blank refuse all future applications from residents to keep pets.

I am not in the position to be able to move house, but I would really like to have a dog. I don't see how they could possibly justify refusing permission for me to have a dog when my neighbours have one, but if they refuse permission, how would I proceed with this? Could I take legal action? If so, on what grounds?

Thanks

Fire_Fox

You wouldn't take the matter to court, all long lease disputes would go to a leasehold Valuation Tribunal. My advice would be to formally request permission (i.e. in writing), if that is refused formally ask for a written explanation. Permission can be refused if they can come up with a good enough reason, e.g. fouling of the communal grassed areas is a health hazard, allowing dogs into the common parts may aggravate asthma (up to a third of asthmatics have pet allergies).

I would note that if you are all share of freehold your board should be elected to represent everyone, if you want to dispute a decision made on your behalf I would deal with it internally. This website is helpful in understanding your rights and responsibilities as leaseholder: http://www.lease-advice.org/publications/

My final thought is that dogs are not a particularly suitable pet for a flat anyway, unless you have a ground floor property with enclosed garden and the option of a dog door? I know a lot of people do have pets in flats (I have an indoor cat myself), but the pet should be selected for the environment not in spite of it.