Can I really be forced to remove dog from flat I own?

DRP

sinbad182 wrote: »

Yeah you should just throw the dog out the window when you take it out. Heaven forbid a neighbour sees a dog.

That just sounds cruel.

A parachute or zip-line would be much safer.

GSD4ME

Fire_Fox wrote: »

You don't own the flat, you are a longhold tenant on a long lease and are bound by the terms of the contract you signed.

Is your dog going into communal areas at any time, even if that is walking a short section of corridor? Is the garden private or communal and are you letting the dog into it? If it is communal then maybe you should try to refrain from this, keep your dog in your private space OR in public spaces (parks, roads) as much as possible. Some people really do dislike animals, some have phobias about poop and pee, some are allergic to the dander, what you deem a nuisance is not the same as what they deem a nuisance. Your neighbours should be free to come and go in the communal areas without encountering your dog.

I am sorry if I appear thick but I don't understand the first part. I bought the flat I thought I owned it.

My dog walks down the stairs and through the hallway. I never let him off his lead anywhere around the flats. We go for a walk in the morning along the road and then he gets in my car to go to work. I realise some people are allergic to dogs and I always try to time my entry and exit when there is no one else around in case they do not like it. The only garden is a bit of lawn and we do not walk on there at all on the lead or off it.

seven-day-weekend

You have bought the lease to the flat, this gives you the right to live in it (or sell it) for the term of the unexpired lease.

The freeholder owns the land that your flat stands on and the flat will revert to them when the lease expires. Most new flats have a lease of 999 years.

You need to comnsult your freeholder to find out how long the lease has before it expires and you do have a right to renew the lease.

paul1964_2

Fire_Fox wrote: »

You don't own the flat, you are a longhold tenant on a long lease and are bound by the terms of the contract you signed.

................................................

Your neighbours should be free to come and go in the communal areas without encountering your dog.

Surely the neighbour also has to accept the terms of the lease, which allows pets.

If the neighbour wants to live somewhere where they do not encounter dogs in the communal area, they have clearly bought the wrong flat.

Bridge-Burner

So when you buy a flat even with cash you don't actually own any of the land it's sitting on like you do a house?

[Deleted User]

Bridge-Burner wrote: »

So when you buy a flat even with cash you don't actually own any of the land it's sitting on like you do a house?

That's correct, you would own the flat for x years.

https://www.gov.uk/leasehold-property/overview
http://en.wikipedia.org/wiki/Leasehold_estate

HAMISH_MCTAVISH

Bridge-Burner wrote: »

So when you buy a flat even with cash you don't actually own any of the land it's sitting on like you do a house?

citricsquid wrote: »

That's correct, you would own the flat for x years.

Only with leasehold flats.

Not all are....

clarabelle41

This woman may have mental health issues, she may believe the noise is your dog when it could be nearer neighbours or imagined. Try not to worry too much. I doubt much will happen in the near future. I would contact the neighbours & environmental health though. If you work in gardens though could you ask the client to provide a letter to say your dog is with you.

Fire_Fox

GSD4ME wrote: »

I am sorry if I appear thick but I don't understand the first part. I bought the flat I thought I owned it.

My dog walks down the stairs and through the hallway. I never let him off his lead anywhere around the flats. We go for a walk in the morning along the road and then he gets in my car to go to work. I realise some people are allergic to dogs and I always try to time my entry and exit when there is no one else around in case they do not like it. The only garden is a bit of lawn and we do not walk on there at all on the lead or off it.

If you have a long lease you do not own the building, the freeholder AKA superior landlord owns it. You are a longhold tenant AKA leaseholder, you have basically rented the space for a period of 100 years (or however long). The long lease is the contract, the terms and conditions under which you are permitted to remain. Clues to the true nature of leasehold is are in the words tenant, landlord and lease.

Major breaches of the long lease could in theory mean the freeholder seeks repossession of the flat through the courts, but AFAIK that is uncommon and normal pet ownership would be highly unlikely to invoke that extreme level of action. AFAIK it's more likely to happen if the leaseholder doesn't pay ground rent or service charges for a lengthy period, and even then that is more likely to end up with the lender settling the debt and adding it to the mortgage. I don't any of say that to worry you in any way over the current situation, it is a general explanation.

paul1964 wrote: »

Surely the neighbour also has to accept the terms of the lease, which allows pets.

If the neighbour wants to live somewhere where they do not encounter dogs in the communal area, they have clearly bought the wrong flat.

That is not exactly what the lease says tho. Depends what the other tenant thinks is nuisance, and what an LVT or court or Environmental Health thinks is a nuisance. In this case I suspect (hope) the LVT would side with the OP. But I know people living in apartments who loathe pets in communal areas, and others for whom dander dropping off a pet can set off a reaction, they don't need to encounter a dog or cat itself.

It's all very well saying that the person with the issue should live elsewhere, but that's largely what they have done by choosing a flat over a house. Dogs in owner-occupied or privately rented flats are relatively uncommon due to the noise/ space/ toileting issue. Furthermore it can be deemed an unfair clause to have a blanket ban on pets in long leases, they can say consent of the freeholder must be sought. So where is guaranteed to be cat/ dog free?

I'm not saying that is what has happened here, clearly this particular neighbour is lying which is never acceptable behaviour, and/ or has mental health issues which is sad. As a cat slave (indoor only in a flat! ) and dog fan myself I may sound unsympathetic but I can see both sides due to other people I know. IMO people with dogs or outdoor cats should really be buying properties where they don't have to take their pet into shared areas - so flats with a private garden or direct street access.

Old_Git

you could get a letter signed by the other neighbours to say the dog is not a nuisance . So it would be old hag word against yours and the neighbours .