Bought leasehold flat and now they say my dog is a nuisance

franklee

One past thread I remember is the flat/doggy owner sent his dog away to live with a friend just for a month. He asked the complainers if the nuisance was present during that month. They said it was. He then proved dog was away during that time. Then said it wasn't his dog causing the nuisance as it wasn't there ...

On smell I do think dogs smell and owners don't realise.

Taiko

I know, being a leaseholder, that my lease states "No pets without specific permission from the freeholder". Freeholder is an HA, and they have a published pet policy of only permitting pets if the flat has it's own garden, which in my own case it doesn't.

Does your freeholder maybe have a website that would have this on? Obviously if it's a small time freeholder, it's unlikely.

AnnieO1234

Hi OP

As Alexmac said, you would need to be taken to court. The freeholder would need to prove a dog was resident in your home and caused a nuisance. They would need to prove it wasn't an assistance dog visiting your property.

Xxx

Mokka

Keeping a dog without a written permission is a breach of lease, but I've read somewhere on this forum that's not an evictable offence.
Why don't you join resident's association-make some friends there. Is your dog friendly? Introduce him to neighbours- they might take to him and take your side.
Most leases don't forbid keeping pets, only keeping them without prior permission.

ging84

looks to me that the lease prohibits all cats, all dogs, all birds and any other type of animal with the potential to cause a nuisance, so in other words
the only pets allowed are ones which could not normally cause a nuisance, presumably fish, gerbils etc, but not dogs, even if they are well behaved.

The exact wording including punctuation could be important, but as quoted it looks very much like no dogs, so the vendors solicitor seems to have mislead you

vivatifosi

I'm a director of a Residents Management Company, though for a freehold estate rather than leasehold block. Can't comment on specific criteria 're pets as we have nothing similar. However I will say this. From a management co standpoint our members would be loathe for us to spend hard acquired funds on a legal action. We will use the wording of our deeds to send warning letters, but actual enforcement if the other party does not agree is really hard.

It's very hard to strike a balance between keeping the most vociferous residents happy and not spending your entire sinking fund that you've spent years building up on a single action, when you need it for future maintenance costs.

smigsmag

Thank you - that's really good to hear. First time I have had any respite from complete panic since I got that letter! I will do all I can to keep other residents happy, and hope that this buys me some time...

AndyGuil

The wording is too ambiguous. It literally means animals that are a nuisance not all animals. Nuisance is also vague unless there is a precise legal definition of that word.

propertyman

smigsmag wrote: »

I purchased my flat in December and moved in at the end of January. ..............I am desperate not to lose my dog or my home. Any advice greatly appreciated.

Simples. :money:

Dear MA

Thank you for your letter. The lease requires that a dog can be kept that may cause a nuisance.

When we made pre contract enquiries we understood that the flat next door has a dog and therefore can you please explain how you have made the distinction that the paw marks or smell has come from our dog?

Moreover ( lets say for argument) as a matter of routine we do wash our dog on a weekly basis and on entry to the block make it walk on the mat to dry its paws. Any paw marks are then few, and those are as noticeable as any footprint, or drips form a wet umberalla or other waterproof item.

I look forward to hearing from you.:rotfl:

propertyman

smigsmag wrote: »

Thank you - that's really good to hear. First time I have had any respite from complete panic since I got that letter! I will do all I can to keep other residents happy, and hope that this buys me some time...

Of course the member vivatifosi is likley unaware of considerable litigation on these matters of pets and nuisance as high as the Court of Appeal. :eek: