Cat in a leasehold property

robynlberry

Hi, I'd love some advice:

I own my flat and the leasehold states: 'small domestic pets' are allowed. I have a cat, which I would call as such. I have had a letter from the Management Company saying that the girl who lives underneath me has complained of noise and its caused by the cat. Having a cat contravenes your lease - so you have to get rid of it.

However, I don't think that having a cat does, due to what the lease says. The freeholder says 'no pets', but have said in their last AGM (we all own a share in the company, but there is also a freeholder) that cats are fine as long as no one complains, then the cat is out.

However, I have sent a letter back, saying that any noise is caused by me, and not the cat - which is true - she is tiny, light and doesn't cry. Also the girl below has never met me or the cat, so I don't know how she made that assumption.

Anyway they have come back to me, and said even those the noise isn't made by an animal, please confirm you don't have a cat because it contravenes the lease.

Now do I go back and:
-lie and say I don't have a cat, and risk being found out
-say I have a cat, but as she's not a nuisance, they can't make me he rid of her - same for all the other people with cats
-say I have a cat, and that it doesn't contravene the lease, and risk getting caught up in a massive argument and possible level battle? I don't know who's side anything legal would come down on..

Anyway, helpful advice would be very much appreciated!

chewmylegoff

Does the lease define what the term "small domestic pet" means?

G_M

just send back a one line response referring to the lease, and enclose a copy of the clause about 'small domestic pets'.

princeofpounds

Ignore anything the management company say outside of the lease. The lease it all that matters, they don't get to qualify or interpret the rules.

I cannot be sure what a court would say, but I think any reasonable person would say a cat was a small domestic pet, so suspect you are on safe ground.

As stated, reply quoting the term in the lease and leave it at that.

chucknorris

OP have you told your downstairs neighbour that if in the unlikely event of your cat going, you will take up clog dancing and will need to practice regularly.

Werdnal

I don't know whether there is an official "legal" definition, but my interpretation of "small domestic pet" is a hamster or goldfish, and I suspect that is what the Management company will say when OP challenges it.

butler_helen

chucknorris wrote: »

OP have you told your downstairs neighbour that if in the unlikely event of your cat going, you will take up clog dancing and will need to practice regularly.

Or you intend to fall pregnant requiring several trips to the loo every night and then the crying baby who of course will only settle above her bedroom?

I will make an offer to come stay for a bit - they will soon want your cat back after a few days of me

robynlberry

Thanks - I'll do that! Good to know that the Management company don't get to interpret what the lease says - that's what I was worried about.

This is what the clause in the lease specifically says:
'Not to keep on the demised premises any animals other than small domestic pets, nor keep or house any other animal outside the buildings erected on the property, or allow any animals to stray on or over the property.'

As the cat doesn't go outside I think I'm all good!

And I definitely think clog dancing is the way forward!

robynlberry

Butler_Helen - Thanks - that's what I thought too! I didn't mention babies, but that's exactly the conclusion I came too. I think that the girl just doesn't like me for some reason (I have literally exchanged 1 hello and that's it!)

Dimey

I'd interpret a cat as a small domestic pet and a quiet one at that. It's probably impossible for a cat to do anything that a neighbour could hear downstairs.

Did you have the cat when you first signed the lease? Puts you on stronger ground especially if they were aware.
Did the previous leaseholder have a cat (I bet he did) so there's precedence for a cat being accepted within the lease.

zzzLazyDaisy

robynlberry wrote: »

Anyway they have come back to me, and said even those the noise isn't made by an animal, please confirm you don't have a cat because it contravenes the lease.

So, they have accepted that the cat is not the cause of your neighbour's irritation, yet still insist that you get rid of the cat, even though other owners with the same lease have cats?

I would write back, pointing out that there are numerous cat owners on the development and asking for evidence that they have written to each and every one of them in the same manner, instructing them to dispose of their pets.

Actually, what I would really do is file the letter in a shoebox and ignore it.