Pet clause in lease nightmare!

davidmcn

lewishardwick wrote: »

I have a friend who has a dog in their terraced house. Needless to say it barks a lot. The Council have got involved as it's annoyed the neighbors that much. It's not just about being a flat.

This is the thing - if your dog is causing such a nuisance that the neighbours wanted to go to the trouble of enforcing a "no annoying pets" clause in a lease, they would probably have other legal remedies anyway.

theartfullodger

LKO2088 wrote: »

Pet clause in lease nightmare!

.....This flat was sold with a third share of the freehold and in the advert no mention of no pets.mean anything as I have a dog! They said it's a standard clause is leases... ....

Yeah, nightmare for everyone else in the quiet, yap-free block, finding someone moved in with a dog to a no pet/pet-nuisance block.....when one of the reasons they bought was no pets...

I don't suppose the advert said flat can't be used as a brothel or to run a mail-order business or as a place of worship either. Most people would expect some sort of no-pet or pet-restriction clause for a flat... and also expect no brothel or mail-order business or place of worship as well.

If one has a pet (we do..) then your lifestyle and life options change: Surely that's hardly a surprise? Where we live is more constrained by Ted the cat's requirements than what I'd like: Not an issue for me!

G_M

lewishardwick wrote: »

Does your dog bark or howl a lot when you're not around? If so, you may wish to reconsider.

How would the OP know?

It's surprising (well, perhaps not) how many dog owners think their dogs never howl or even bark, when as soon as the little darling is left alone.........

cloo

I think it's a pretty standard leasehold condition, we had it in our last home and basically ignored it as our cat was hardly going to distress anyone. I imagine most people just ignore it, although maybe it's different in a large block of flats (we were a maisonette).

G_M

My apologies to the OP if any of my posts seemed unfriendly, or caused upset.

In addition to providing helpful advice (see post 2 above) I try to lighten the mood of the forum from time to time. If misinterpretation of a light-hearted post causes offence, I apologise.

pinkpiglit

In my apartment block (c. 40 flats) we have the same clause.

I'm on the Board that oversees the running of the block and we are aware there were pets in the building. One pet has been given a "licence" ie a letter with photo identifying the pet (not really sure how much use it is, but at least the owners approached us), whereas for the remainder we've taken the decision to ignore them. At least until such time as they a) foul in the common areas or b) make a noise/disturb other residents.

OP - do you have a porter in the building who might be able to advise whether there are other pets? Or even ask the current owners of the flat? If your dog is quiet (and I cannot stress how important this is as there needs to be zero barking) then you may not have an issue. However if you know that your dog likes to make the odd bark when you are not home, then I suspect that this flat will not be the one for you.

LKO2088

Well my solicitor has advised to send a letter to the management company as the "nuisance" term used is too broad and it would be a huge risk to move in without their consent... The moral of the story is to ask the agent about pets before paying any money and if they don't know get them to find out!! I can hope and pray that the current owners/ tenants have pets and this clause isn't enforced ... Fingers crossed!

Nick_C

I think the clause in a the lease is ambiguous. You could argue that any dog may cause a nuisance, so no dogs are allowed. You should follow your Solicitor's advice on this point.

I used to live in a leasehold property - purpose built, 21 flats. There was a strict no pets clause that was observed by all but one leaseholder who argued that her dog was an "emotional support" dog.

Ignoring the rules of a leasehold property is likely to get you on bad terms with your neighbours. Practically it is very difficult to enforce any of the terms of the lease as your neighbours have to take on the costs of enforcement, but you really should be trying to get on with the other residents.

My advice would be to withdraw from the purchase or get rid of the dog.

DaftyDuck

I suspect your solicitor is being naïve, in that case, as I doubt the management company will give you a waiver worth anything. What are they going to change - say that you "may keep a pet or animal that is a nuisance to the other residents"....

Their clause is common, and suitably vague, in that it allows animals, just makes exception if they become a nuisance.

By all means ask - you might get lucky - but be careful of racking up your solicitor bills... are you, or your solicitor writing this letter?

Edit: My advice would be to go ahead, and keep the dog (;)).... just be ready to plan the next move to a pet-friendly environment from the off.

Soundgirlrocks

You mention its a share of freehold property so I would speak to the other two owners as ultimately the management company is employed by them, if possible get them to meet the dog. I live in a share of freehold block of flats and have a small dog, we have the same clause, I sought permission from everyone else before I got him and it was fine.

I do understand the irritation when people just ignore the no pet rule, one of the BTL properties in the block had a Alsatian, who was a nightmare, barking and making a mess in communal areas.