Apparently no pets are allowed, but nothing on lease help!!!

superschan

Hi all,

I recently bought a leasehold flat and I have kept two cats for a few years prior to buying this flat so I was quite careful in reading the lease before buying and saw no mention of anything regarding pets. However I was contacted by the management company saying no pets are allowed. Now I have a question because the only clause which can explain this seems to be a clause about a head lease however, as I own the leasehold I presumed my lease is the head lease and the clause is so that any of my tentants (if I had any) would also have to adhere to this lease. The lease is signed and named by the ultimate freeholder as registered titles show which also made me believe this is the head lease. Is my understanding of this wrong? Or is there somewhere other than my lease which can have such terms which I am not aware of?

Any help/explanation greatly appreciated!

Werdnal

I am not sure what you mean? Are you saying the headlease does have a "no pets" clause?

The headlease is the lease provided by the freeholder, which all leaseholders have to comply with. If there is a clause in the headlease about no pets, then that is the terms and conditions under which you took your leasehold property. This clause would obviously apply to any tenants too should you let the property.

ValHaller

Write back and ask them to point out where the no pets condition derives from.

spacey2012

I would have thought as leaseholder the services of the management company are optional.
Ask them to produce this lease and subsequent contracts that you signed agreeing to wave your rights in favour of a management company.
If they can not, sack them.

superschan

Werdnal wrote: »

I am not sure what you mean? Are you saying the headlease does have a "no pets" clause?

The headlease is the lease provided by the freeholder, which all leaseholders have to comply with. If there is a clause in the headlease about no pets, then that is the terms and conditions under which you took your leasehold property. This clause would obviously apply to any tenants too should you let the property.

What I mean is that I hold the lease issued by the freeholder which as I understand it would be the head lease and as I don't see any clause on it prohibiting pets I assumed that keeping one will not be a problem.

Werdnal

superschan wrote: »

What I mean is that I hold the lease issued by the freeholder which as I understand it would be the head lease and as I don't see any clause on it prohibiting pets I assumed that keeping one will not be a problem.

Then as advised above, ask them to show you the clause in your lease (ie the headlease) prohibiting pets.

Freeholder may have apointed management company to manage the property on their behalf, but they cannot impose their own rules or clauses without changing the headlease for you and all other tenants.

Just out of interest, is anyone else keeping pets?

propertyman

Head lease etc.

The freeholder grants a head lease of the whole or substantial parts of a building. In turn, out of the head lease, the Head lessor granted individual leases to each flat.

Now your lease must either mirror any terms of the head lease, or contain a clause that obligates you to abide by the terms of the Head lease.


Dear MA

I have read through my lease and cannot find
1:any restriction on keeping Cats,
2: any clause that explains or indicates that under my lease I have to abide by the terms of the headlease.

Unless my lease sais so then I am only restricted by the terms of my lease and not the head lease, as I am not a party to it.

Can you please correct me if I am wrong by pointing out the clauses in my lease.

superschan

Thanks for all the advise so far. I will ask them to show me where this clause is stated. Also the letter they sent me stated that I have 7 days to rehome my cats and I have been away for a few days so the deadline is practically due, so what can they actually do about this? Would have thought not very much since to most common folk I basically own the flat for the next hundred odd years and it would seem a bit extreme to for anything to happen to my lease because of two cats? Does anyone have experience of this, since this is not likely to get sorted out before their deadline falls due. Do they have the right to check my flat or anything else?

This is the first flat I bought and I don't have much experience so very gratefully for all the replies. Thanks very much!!!

superschan

propertyman wrote: »

Head lease etc.

The freeholder grants a head lease of the whole or substantial parts of a building. In turn, out of the head lease, the Head lessor granted individual leases to each flat.

Now your lease must either mirror any terms of the head lease, or contain a clause that obligates you to abide by the terms of the Head lease.


Dear MA

I have read through my lease and cannot find
1:any restriction on keeping Cats,
2: any clause that explains or indicates that under my lease I have to abide by the terms of the headlease.

Unless my lease sais so then I am only restricted by the terms of my lease and not the head lease, as I am not a party to it.

Can you please correct me if I am wrong by pointing out the clauses in my lease.

If the lease I bought is made out by the freeholder doesn't it make it the head lease?

superschan

propertyman wrote: »

Head lease etc.

The freeholder grants a head lease of the whole or substantial parts of a building. In turn, out of the head lease, the Head lessor granted individual leases to each flat.

Now your lease must either mirror any terms of the head lease, or contain a clause that obligates you to abide by the terms of the Head lease.


Dear MA

I have read through my lease and cannot find
1:any restriction on keeping Cats,
2: any clause that explains or indicates that under my lease I have to abide by the terms of the headlease.

Unless my lease sais so then I am only restricted by the terms of my lease and not the head lease, as I am not a party to it.

Can you please correct me if I am wrong by pointing out the clauses in my lease.

Also, just in case a head lease does turn up. I have never seen it and obviously not read it. My conveyancing solicitors have also not mentioned anything about a head lease so if one does materialise, would my solicitors be liable for anything?

Soundgirlrocks

There is very little they can do, they do not have the right to enter your property and remove the cat and they can not force you to do anything until the dispute is resolved (and from the sounds of it there is nothing in the lease to stop you having a cat) Even then I think there may be something about the in the rights to family life that means you can't be forced to get rid of a family pet (not 100% on that but I seem to remember reading something along those lines when I was looking into getting my little dog at my leasehold flat) Sounds like you have a over management company.