Leasehold Property - Can I keep a cat

BigG10

Hello one and all!

Hoping you may be able to help. As you may or may not know, we have just put an offer in on a flat and had it accepted. :j

My solicitor has got the leasehold papers today and there is a statement on the lease that says animals, birds and reptiles are not permitted unless prior written consent is given by the freeholder/leaseholder.

My solicitor has contacted the freeholder (in effect our landlord) today to try and get consent for us to keep our 15 year old house cat in the flat. He is a house cat and always has been a house cat and my solicitor has stressed the fact that the cat will reside solely in our flat. He won't roam around the estate and neither will he enter the communal areas. Our Cat sleeps the majority of the day and only want cuddles and food!

We are very attached to him and if consent wasn't granted it would be the case of not going ahead - AGAIN with another property! Nightmare.

Solicitor thinks it won't be a problem and it will simply be a bit of paperwork. He thinks it would be unreasonable to refuse especially as the cat is a house cat and he is so old. Also, he says, accoridng to an EU ruling that the landlord must not unreasonably refuse.

My partner and I are on tenter hooks with this and we are really hoping for a positive outcome. We would be heartbroken if we had to loose the flat because of this.

I know there have been lots of posts on this before but what do you think the chances are.

The cat isn't dangerous or violent in any way what so ever. We are prepared to get vetinary certificates if needed.

Also whilst viewing the property, we saw another cat in the same block of flats - happily sat there in the window!!

AlexMac

Don't panic. The omens are good. Its a standard clause -in place to protect against abuse or extremes, and in our two past leaseholds permissions were always granted - although no one ever asked to keep silly pets like snakes or alligators! In some cases people didn't even ask, and as their (mostly) cats (and the owners) were perceived as quiet and reasonable neighbours, no one complained.

Ours were shared freeholds however, so there was a more co-operative and informal culture than with an absentee or institutional freeholder. But I understand your concerns; when we last sold, our buyer got last minute nerves about her pooch in the communal gardens (she was buying because of our direct garden access) even though we'd taken informal soundings. So she went through the formality of asking permission; luckily, our neighbour was able to knock out an informal reassurance as company secretary.

Let's hope you get a clear steer- and if, as is likely the freeholder doesn't even reply, you can always just moved in and in the unlikely even of challenge say- well , we did ask!

suestew

I thought they only had this clause in rental properties, I personally would have ignored it, but seeing as you have asked permisison I would be very surprised if you got a refusal. Remember the lease could be years old so not something the freeholder cares about now.

BigG10

Thanks everyone.

This is really stressful!

We don't want alligators, dogs, parrots, budgies or anything other than a HOUSE cat that won't go in any other area than the flat we are buying or HOPEFULLY buying.

Part of me thought that I shouldn't have said anythign but I couldn't live with the potential of someone coming in and saying we have to remove our beloved 15 year old cat within the space of a week!:cool:

BigG10

Another problem is that we have paid for the survey (thats two now - after the first property fell through) and also the solicitor to do the searches. :mad::mad::mad::mad::mad::mad::mad::mad:

propertyman

it doesnt matter how old the lease is or how standard the clause, the wording stands - consent is required.

Ignoring it is daft chances are you will end in breach of the lease and incur legal costs prior to removing a pet or face losing the flat.

By asking you have done the right thing. I would suggest that you make it clear that it is for this Cat alone, not a Cat in general, for after that sad day your Cat goes to the big lasagne fields of Cat heaven.:A

BigG10

propertyman wrote: »

it doesnt matter how old the lease is or how standard the clause, the wording stands - consent is required.

Ignoring it is daft chances are you will end in breach of the lease and incur legal costs prior to removing a pet or face losing the flat.

By asking you have done the right thing. I would suggest that you make it clear that it is for this Cat alone, not a Cat in general, for after that sad day your Cat goes to the big lasagne fields of Cat heaven.:A

I think you also may have replied to me on Landlord Zone so thank you!

Yeah - I couldn't live with the potential of the cat being taken away at ANY moment. :-(

G_M

Of course, the freeholder may take the view that allowing this cat then opens the floodgates on any cat. Your neighbour, getting a stray or wild cat from RSPCA, would be most disgruntled if permission was denied, if he could see that you had received premission.

Much also depends on the type of flat, and other occupants. Some properties are more appropriate for domestic pets. We know little about the circumstances, so trying to 2nd-guess the freeholder is impossible.

BigG10

But the point is - we saw ANOTHER cat in another flat when viewing the one we put an offer in on.

Our cat is staying in the FLAT not in the common areas. He won't even venture into the garden.

Its a two bedroom ground floor property. Our puss is 15 years old and has always been a house cat and never been outside. He has a dodgy leg so would actually be in danger going outside. Risk of foxes etc.

Also, I do believe that having a cat in a flat is completely reasonable. I am under no circumstances about to spend 250k on a property and blow a lot of savings on a place where I am not able to gain enjoyment from the place! Especially as the cat was given to us through inheritance. I hope our freeholder will be reasonable. I know some out there just aren't!! They appear to just be out to make money which is very sad in this day and age.

I can understand refusal of a dog or puppy. Noise is a big issue and I also happen to think its cruel to keep a large dog in a flat!

hazyjo

I wouldn't start quoting to the freeholder that you saw another cat. Maybe someone got a cat later and didn't realise the lease said they need permission, or maybe they're temporarily looking after one for someone, or maybe they moved in with the cat and took their own chances. I wouldn't like to be the one to land them in it, however unfair it seems.

Try for your own permission, then you're covered. Also, think long term - when your cat does go off to kitty heaven, would you be wanting another cat? I know I would. I would push for 'a cat' in general, not 'this particular cat'. Maybe that would be my second attempt/appeal, but I'm not sure I'd want to be there for the next 5 or so years without another cat.

Jx

Yolina

It will all depend on the freeholder. We have the freehold for our development, and the terms of the lease do forbid pets, however we've always taken the view that cats were fine and quite a few of us have them, provided we don't leave them to roam in the staircase and suchlike. Basically for us, as long as it doesn't create a nuisance for the neighbours, then we're fine with quite a few things that shouldn't be done according to the lease