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

ValHaller

superschan wrote: »

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!!!

The deadline is largely meaningless at this time. They can only make you get rid of the cats with a court order ultimately, which would require them to prove that you have no rights to have the cats.

Just write to them and get them to prove that the lease does not permit cats. There is no meaningful deadline until they prove their position.

spacey2012

I would call the solicitor who dealt with the lease and inform them apparently this is not the real lease, there is another one that I have never seen that the management company are trying to enforce.

ValHaller

spacey2012 wrote: »

I would call the solicitor who dealt with the lease and inform them apparently this is not the real lease, there is another one that I have never seen that the management company are trying to enforce.

That must be because you are considerably richer than others and can afford a solicitor to sort the whole thing out.

My feeling is that when the management company are put to the test, they will probably fail to prove that no pets are allowed - or if they do prove it, the matter will be quite clearly resolved. So no need for solicitors.

propertyman

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.

But your lease refers to a head lease, as you have posted, yes?

Your "freeholder" may in fact be the head lessor, it is possible for them to be the same.

What a FH HL and L is is explained above.

Your freeholder cannot grant a lease where there is a head lease, that is where your leasehold title comes from, and if you accept for a moment that they did, then why refer to an intermediate head lease? They would not need it.....

I think for the moment you can safely ignore it as in the letter I suggested I have addressed your point by implicitly asking the agent to explain this.

As to the concern over the letter reply further to your initial reply in writing

1: incorporate my suggested draft above

2: add I am a little confused in that I have a lease which refers to head lease, but my lease says it is granted by the freeholder. Can you please explain for whom you act and on which lease you are relying on

3: I returned on the X and saw your letter that day so I until I receive an answer I am unwilling to take any action on the Cats.

I hope we can resolve this by correspondence otherwise I must insist that we mediate .

http://www.civilmediation.justice.gov.uk/
Your local county court may offer a free service.

Mediation is in effect a road block to them taking further legal action.

thequant

superschan wrote: »

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?

Would just like to remind you, that you don't own the flat for the next hundred odds years, but merely the right to rent it for the next hundred odd years.

That thing you pay called "ground rent", is as the name suggests, is actually rent. You are a tenant of your landlord (i.e. the freeholder), please remember this.

Just like if you rented out your flat, it would be done on your terms (not withstanding any statutory rights). Likewise this flat you rent is done on their terms.

Sorry don't mean to seem harsh, as I would like to see your cats stay. But the attitude of "it's my flat, what can they do about it ?" will be massively counterproductive due to one very simple problem. It isn't your flat!

Good luck!

propertyman

superschan wrote: »

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

nooooooooooooooooooooooo:eek:

I have explained it twice and how to resolve, please don't waste your time trying to shoehorn your understanding when you are getting advice, for free, charged at £245 per hour.

Please accept it and ask your agent as suggested

superschan

propertyman wrote: »

nooooooooooooooooooooooo:eek:

I have explained it twice and how to resolve, please don't waste your time trying to shoehorn your understanding when you are getting advice, for free, charged at £245 per hour.

Please accept it and ask your agent as suggested

Thanks for all the advice, will be writing to the management company

Richard_Webster

A further point - sometimes leases give the landlord/lessor (or any managing agnets appointed on his behalf) power to make further regulations/rules about the use of the premises. Depending on how the rule making power is worded this could be wide enough to allow a rule to be made which prohibits cats.