No pets on lease but want to buy property

Scottenham

Hi, we placed an offer on a flat all accepted then we noticed the "no pets" clause. We were told originally by both the estate agent and current owner it would be ok. I asked for an official response from the 3 other freeholders and they said No to pets again.

We only have a small dog which does not bark, also our flat is a basement flat with a private entrance. I have since written a letter asking to meet the other freeholders to discuss.

If they still say no and we carry on with the purchase and move in with our dog, thus becoming a freeholder what is the situation ? I'm guessing they would have to spend a lot in legal fees ?

Any other ideas or solutions ?

Kynthia

The lease is king and you will have to abide by it's terms. If you don't like them then don't buy the property as if you break them it could result in the freeholder reposessing your property.

G_M

Scottenham wrote: »

... I asked for an official response from the 3 other freeholders and they said No to pets again. pretty clear then.

We only have a small dogAh! Size DOES matter then? which does not bark Does it deficate?, also our flat is a basement flat with a private entrance. I have since written a letter asking to meet the other freeholders to discuss. why should they waste their time discusing? They've already answered!

If they still say no and we carry on with the purchase and move in with our dog, thus becoming a freeholder what is the situation ? I'm guessing they would have to spend a lot in legal fees ?

Any other ideas or solutions ?

Oh great! So it's OK to break the law if you think you can get away with it because it's too difficult/expensive to enforce?

And good luck with developing a friendly relationship with your neighbours/co-freeholders! I can see your freeholder/management company meetings are going to be a barrelof laughs!

Scottenham

G_M wrote: »

Oh great! So it's OK to break the law if you think you can get away with it because it's too difficult/expensive to enforce?

And good luck with developing a friendly relationship with your neighbours/co-freeholders! I can see your freeholder/management company meetings are going to be a barrelof laughs!

I was by no way saying breaking the law is good in anyway. I was sims asking in terms of the lease and the fact that once I purchase the property and becoming a freeholder I could have a say.

But reading similar stories people state that it has to be proved as a nuisance for the courts to rule against you.

DVardysShadow

Scottenham wrote: »

.... But reading similar stories people state that it has to be proved as a nuisance for the courts to rule against you.

Only if the dog is lucky will the courts deal with it. You get my drift.

You will be hated and you may yourself find that you continued residence is dealt with extra judicially. There is a strong whiff of hypocrisy about flouting an explicit clause in the lease about dogs and expecting the courts to let you off. And I doubt that a court case in your favour would be the end of it. Not with people who are sore about their legal fees and the hypocrisy already outlined.

tbs624

How to win friends and influence people, from the very start?

OP - find yourself a property where pets are permitted or find a new owner for the mutt.

Check out the Leasehold Advisory Service - you can read up on several non- welcome pet cases at the Residential Property Tribunal Service.

Presumably you 'd want to know that you could seek enforcement of any other occupants' varied breaches of the lease?

Werdnal

Scottenham wrote: »

But reading similar stories people state that it has to be proved as a nuisance for the courts to rule against you.

I may be wrong, but I think you may find that statement relates to letting a property from a Landlord with a clause against pets, not buying a leasehold property where the headlease prohibits pets - maybe someone here more qualified than I could comment?

Also, not sure about your statement in your OP that you will become a "freeholder" if you buy the property, and that will make a difference? The only way to vary a lease is to gain majority support for the change, then pay a fee for some legal eagle to draw up a new lease. If there are 3 other properties, and yours would be the 4th, it would be a 3 against 1 decision and as the other 3 have already voiced their support for the no-pet rule, you are on a hiding to nothing!

motherofstudents

I think you would be better finding another place to be honest. You don't want to live near people who don't like dogs.

seven-day-weekend

People who have moved into those flats have done so because they do not want to be surrounded by pets (specifically dogs).

Why should you be entitled to flout the terms of the lease?

Just get another flat!

propertyman

So you move in with the dog.

I am your neighbour. You dislike my piano and enjoyment of Prog Rock. Playing it disturbs you and the lease says not to .

I adopt your attitude and say

" don't worry I am very good and this is great music. Take me to court it will cost you a fortune".

The rules are there for a reason.

Scottenham

i now have one of the freeholders to agree to a caveat in the lease just for our dog.

2 more to go.