Pets, leaseholders and 'unreasonably' withholding consent

germaine_2

We recently bought a flat and have decided we'd like to keep a cat. The terms of our lease state that we need the landlord's permission to keep pets, so we got in touch with the landlord, only to have them flat-out tell us it's just not allowed. My understanding, based on some internet research I just did (!) is that landlord's aren't allowed to 'unreasonably' withhold permission for leaseholders to keep pets: but does anyone have any idea what 'reasonable' would mean in this situation? Do we have any grounds to go back to the landlord and say that they should let us have a cat?

fannyanna

No idea.

But you could do what I did. Get a cat without telling the freeholder.

Richard_Webster

You need to look at your lease and see exactly what it says about pets, if anything.

sirmosh

Unlike when renting the freeholder is very unlikely to ever check you have pets or ever visit you at all, you could probably get away with it by just not telling them.

Angelicdevil

sirmosh wrote: »

Unlike when renting the freeholder is very unlikely to ever check you have pets or ever visit you at all, you could probably get away with it by just not telling them.

That is until your busy-body neighbour decides to inform them :mad:

pmlindyloo

As RichardWebster says what exactly does it say in your lease? Does it say the freeholder must not unreasonably withhold permission? or does it just say that you need permission?

I think you may have been getting the 'unreasonably withheld permission' from the internet and, (I may be wrong) this term may be referring to landlords and tenants.

If it states in your lease the bit about 'unreasonable' then you may have a case for asking for the reasons it has not been allowed. Have you spoken to any of the other leaseholders? Do they have cats? Did they ask for permission?

I agree that nosy neighbours may be a concern, plus you have already notified your freeholder of the desire for a cat - could be dodgy!

We have a cat and love it to bits but it is a real pain if you want to go on holiday - catteries cost a fortune - and have you access to a yard/garden with easy access for the cat? Smelly cat trays can be very off putting! (Just trying to lesson the blow if you're not allowed to have one!)

propertyman

As Richard says we would need to see the actual wording of the clause.

The reasonableness bit is misleading. The law, recently aired in a case, is that the landlord cannot be unreasonable in how they consider his decision, not be unreasonable in the outcome.

The presumption is that the landlord may give consent or refuse it after considering it reasonably eg " I don't like cats" is unacceptable. If they set out reasons such as toileting nuisance privacy and health concerns then they might refuse consent.

Not all cats grow up to be pleasant house cats- he says currently having to fight over who gets to use the mouse with a tabby in a playful mood after her nap

propertyman

pmlindyloo wrote: »

I think you may have been getting the 'unreasonably withheld permission' from the internet and, (I may be wrong) this term may be referring to landlords and tenants.

If it states in your lease the bit about 'unreasonable' then you may have a case for asking for the reasons it has not been allowed. Have you spoken to any of the other leaseholders? Do they have cats? Did they ask for permission?

Long leaseholders are still tenants, just that they have a very long lease at a low rent for a high intitial premium.