Pet clause in lease nightmare!

LKO2088

Hi all,

Really need some help! I am in the early stages of purchasing a small flat and have a dog... I know that renting with a dog can be difficult but I didn't know buying would be! So I have paid nearly £900 at this point to surveyors and solicitors and last week I received the lease from 2004 and read through it find a clause stating "not to keep any dog or other animal bird or pet whatsoever in the premises that may cause a nuisance to the landlord or occupier of the other parts of the building." This flat was sold with a third share of the freehold and in the advert no mention of no pets.
Not only that but the estate agent is really the one in the firing line here- I had signed up to the agency for rental as I was struggling to find somewhere I could afford to buy and told them I had a dog etc. When I called up about the property for sale they remembered me as I had a dog, then on the viewing I spoke at length with the agent about how perfect the property was for a dog as it had a really secure garden and he could run around freely... Absolutely nothing mentioned about a pet clause. I have never owned a flat before and had no idea about this... I put in my offer and things moves quickly within the week I was paying for a surveyor £465.00 and had initial paperwork from my solicitor and they asked for their first install of payment... £400. I paid and then got the copy of the lease from 2004 with the pet clause... I immediately contacted my solicitor asking what this was and does it mean anything as I have a dog! They said it's a standard clause is leases... So why was I not told? I have a mortgage offer with my solicitor and I have had to ask them to stop all work until they ask the management company for permission for my dog... If they say no I don't know what I can do? Can I claim money back from negligence from the estate agent? I am really upset and stressed about this please help!

G_M

The EA is not a lawyer, will not have seen the lease, and would not know the details of what it says. You cannot blame the EA.

I note the clause says (quite reasonably):

"not to keep any dog or other animal bird or pet whatsoever in the premises that may cause a nuisance to the landlord or occupier of the other parts of the building."

so it is not a blanket ban.

But it is a gamble.
* If your dog is quiet and causes no nuisance, you have nothing to fear.
* if your dog is noisy/causes a nuisance, but no one complains, you have nothing to fear.
* the problem would arise if another leaseholder or resident complained. You might then argue that the complaint was unjustified, and the freeholder would have to decide if they believed the complainant, or you.

so as I said..... a gamble.

These clauses are quite common for obvious reasons, but not in all leases,

As for

I have had to ask them to stop all work until they ask the management company for permission for my dog...

this is balmy! The management company has never seen your dog and has no way of knowing if it might cause a nuisance to other occupants, so they will err on the side of caution and say no.

Hoploz

The solicitor is right, it is a standard clause. It's only fair really, as dogs bark and can be a nuisance when you are living in close proximity to other people.

Having said that, sometimes you can get away with it, if you have a quiet pooch, you don't leave it alone to risk it howling when you're not there, and you don't leave dog mess in a communal garden, for example.

But now you've asked for permission, it's a bit awkward! As it's share of freehold the other residents will be asked for permission, and if they say no and you go ahead regardless ...

Bluebirdman_of_Alcathays

The estate agent owes you no duty of care - you are not their client. As long as they haven't blatantly mis advertised (ie said dogs are allowed when they aren't) then it's hard to see what they've done wrong.

tacpot12

The word "may" in the lease may be your salvation, if you want the flat and know your dog well. Providing your dog has no history of causing a nuisance, you can keep a dog in the flat - the lease only says that you cannot keep a dog that MAY cause a nuisance - if the freehold owner wanted to ban dogs outright they would have just ended the sentence after the word "premises".

So while your dog creates no nuisance they can stay, once they create a nuisance they have to go.

The flat is worth less with a pet clause. The agent should have told you, but if you like the flat and KNOW for certainty that your dog does not bark when you are out, you could take the risk and go ahead with the purchase.

tacpot12

Sorry - writing while others we posting!

tacpot12

A good point was made about not asking for permission. Buy the flat and keep the dog and its existence quiet. Good luck

LKO2088

Thanks for all your responses but they do make me feel like I'm between a rock and a hard place... What should I do? This is all the money I have and feel terrified of gambling with it and I had no idea this was going to happen ... You have made me feel there is very little hope for me and my lovely dog

Hoploz

tacpot12 wrote: »

?..

The flat is worth less with a pet clause. .

Really? I'd pay extra to not have dogs near me!

Hoploz

If it makes you feel any better, LKO2088, I have a flat in a block where most people seem to have dogs - mostly more than one, with no outside space at all. People do it and live to tell the tale

LKO2088

Hoploz wrote: »

If it makes you feel any better, LKO2088, I have a flat in a block where most people seem to have dogs - mostly more than one, with no outside space at all. People do it and live to tell the tale

Thank you Hoploz this does give me some hope! I am just trying to do the right thing but it seems nice gals finish last as always haha!