Does this clause in the lease mean I can't own a cat?

amiallowedcats

I am looking to move into a flat in a semi-rural village where there seems to be a bit of a community. The flat would be a share of the freehold between 6 people. 1 person from each flat are all 'directors' of a management company to look after the communal areas etc. One of the clauses on the 999 year lease is 'no bird dog or other animal which may cause annoyance to any owner lessee or occupier of any other flat on the estate shall be kept in the flat'.


I am a cat lover and seeing this made me realise I would not be able to get a cat. During a flat viewing today I was invited into one of the neighbours for a tea and a cat came flying out! I spoke to the lady owning the flat and she said oh "technically" you are not allowed animals but this was just a stray that James (another neighbour who owns a flat) adopted and all the tenants who like cats (all except 2 of the 6 flats) let him in and look after him. She then said that the old man who used to own the flat I am moving into used to have him in his house and keep him company during the day. She then said, oh if you like cat's he will be in your flat a lot!


I then thought, hold on, no cat's allowed but your making an exception for this cat? I mean, they all seem to like cat's and all of the tenants run the management company. What are the chances of me being allowed a cat despite what the lease says? Obviously this is something I will be asking after I move in but I do not wish to bring this up so soon after moving in (as I don't want to cause trouble).

tomtontom

You need to bring up the issue before you move in, not after the event!

The clause refers to causing an annoyance. Would/ could your (potential) cat possibly annoy others? It may not, in which case you'll be fine. Or one or all of the other owners could take a dislike to you and seek to enforce the clause.

If having a cat is important to you, I would find somewhere else.

freeisgood

Worth searching this forum as this clause "claws "has come up a fair few times. Search pets in flats.

amiallowedcats

tomtontom wrote: »

You need to bring up the issue before you move in, not after the event!

The clause refers to causing an annoyance. Would/ could your (potential) cat possibly annoy others? It may not, in which case you'll be fine. Or one or all of the other owners could take a dislike to you and seek to enforce the clause.

If having a cat is important to you, I would find somewhere else.

I can't really see how it could be an annoyance. There is nothing communal between the flats. I will have my own private entrance, my own private front and back garden. Furthermore, the floors are made of concrete so sound doesn't travel easily. Given the circumstances I don't think this would be a breach of lease. The lease also has no mention about needing prior written consent to keep pets.

davidmcn

The clause prohibits bird, dogs, and animals which may cause an annoyance. So all you need to do is not get an annoying cat. And you'd have to get a really annoying cat for any of your neighbours to bother taking legal action against you to enforce the lease (and for a court to agree with them).

G_M

amiallowedcats wrote: »

..... 'no bird dog or other animal which may cause annoyance to any owner lessee or occupier of any other flat on the estate shall be kept in the flat'.

Problem only arises if one of the other 5 complains they are being annoyed by your cat.

They'd then have specify the annoyance, and the Directors as a group would have to decide if the claim of annoyance was justified.

And what to do about it.

Pretty unlikely set of circumstances, but hypothetically, say one of them had a serious allergy, which blew up after you + cat moved in, or there was a claim of smell of cat-pee in common areas etc, then there might be a problem. Or cat poo in the shared garden.

But if one Director already has a cat, you're probobly on safish ground.

There's a risk, but a small one.

amiallowedcats

freeisgood wrote: »

Worth searching this forum as this clause "claws "has come up a fair few times. Search pets in flats.

I have had a brief look, most of them either had a landlord or needed written consent from the freehold. I couldn't see a post where the OP wanted a cat, it didn't have the written consent clause and that the potential cat owner would part of the freehold/management company managing the flats. If you know of one I would be grateful if you could link me to it!

dirty_magic

I think it would be more of an issue with a yappy dog than a cat, how annoying can a cat be? I suppose if there are any gardeners they could complain about the poop.

I think a community cat is a perfect solution tbh, you get the benefit without the costs of owning a pet! Where we used to live there was a cat that was left behind when his owners moved because he didn't get on with their other cat.

He was officially taken in by our neighbours, but he probably spent more time in our garden than theirs. He used to climb in through the bathroom window and have a snooze on our bed! I wish we had a cheeky cat here that we could share!

Mossfarr

If you keep the cat indoors I can't see it will be causing any annoyance.
You mention that you have your own front and back gardens, the problem with cats is that they never use their own garden as a toilet - they use everyone elses. I am a keen gardener so I absolutely hate the fact that random cats crap in my garden - its really disgusting. That definitely would cause annoyance!

freeisgood

Does this help...https://forums.moneysavingexpert.com/discussion/383511 sorry if it is totally irrelevant!

amiallowedcats

Mossfarr wrote: »

If you keep the cat indoors I can't see it will be causing any annoyance.
You mention that you have your own front and back gardens, the problem with cats is that they never use their own garden as a toilet - they use everyone elses. I am a keen gardener so I absolutely hate the fact that random cats crap in my garden - its really disgusting. That definitely would cause annoyance!

I see what you mean. The house I live in at the moment gets crap in the garden sometimes, from foxes, cats and other animals etc, its not ideal. I kind of just accept this though, animals are going to be in my garden sometimes. Is having one cat next door going to make that much of a difference when there are probably 5 other cats roaming the neighborhood which probably do the same thing from time to time?

You've got me thinking now, I might start looking into indoor cats.

edit: also, would a the tribunal/court actually find that as an 'annoyance'? Given that is part of the natural ways of a cat and not an annoyance that is unreasonable like a dog barking at 1AM that could be controlled by the owner.

edit 2: Just had a look at the tribunal and apparently the judge does not find this a nuisance. LVT decision LON/00AZ/LBC/2011/0078