Rabbits in my flat

lanren77

Hello guys, I live in a flat where I have signed a written contract with the management company. In the contract, pets are banned.

But we have a pair of rabbits. Now the management guy wants them out. Is it legal to do that? What if I refuse to let them out. They always stay indoor, never go outside. They don't make any noise and are very quiet(absolute no noise as rabbit only scream when they're really hurt or extremely scared). We have litter trained them and make sure they have enough time(3 hours a day) roaming my flat(856 sq feet) to get good execise. I know this might not be enough comparing with rabbits living in the wild. But that's the best we can provide for them.

I feel like that this clause that all pets are banned is not legal and cannot be enforced. I wish to challenge this unfair clause.

There's no foundation for them to dictate that ALL pets are not allowed. They cannot make any claim unless my rabbit hurts anyone. My rabbits don't hurt anyone and don't cause any issues or problems to neighbours. They're strictly indoor. Secondly as a management company, they cannot dictate what I can do or cannot do inside the property.I am the lease owner of the property, I have the right to have anyone/anything that is legal in my property. I have no obligations to follow their order.

How do you think? I have searched a lot of places in the internet and I'm slightly confused a bit at the moment. Could you please help me?

Pixie5740

What exactly does the clause in your lease say about pets?

pinkshoes

I assume you own the flat rather than rent it? What exactly does your lease say that you signed?

I would get them to be more specific why they are not permitted.

Valli

No pets clauses are not uncommon in rented homes. You agreed to that when you signed up. It doesn't look as though the management will allow you to keep them so either they go or you need to find a new home.

theartfullodger

Point out that the Allotments Act 1950 s12 permits you to keep rabbits or hens. Oh yes, really.

http://nearlylegal.co.uk/2011/04/oh-cluck/

Oh cluck indeed!

eddddy

Unfortunately, the short answer is that if you didn't like the terms of the lease, you shouldn't have bought the flat.

The next stage may be that the management co instructs solicitors, and the solicitors' fees may well be charged back to you.

(Or the solicitors' fees may be added to all the leaseholders' service charges - which might make you unpopular with the other leaseholders.)

AdrianC

lanren77 wrote: »

I feel like that this clause that all pets are banned is not legal and cannot be enforced.

Tough. It is not illegal, and can be enforced. It's not even particularly uncommon.

I wish to challenge this unfair clause.

It is not unfair, by the meaning of the word with reference to contract law - and you agreed to abide by it when you bought the flat. If you wanted a flat you could have pets in, you should have bought a flat that didn't have a no-pets clause in the lease. If you're going to say "But I didn't know about it", then that's nobody's fault but your own for failing to read the lease and ensure it suited your needs and requirements. If you didn't understand it, or weren't comfortable with it, you could have asked the solicitor to do that for you.

Secondly as a management company, they cannot dictate what I can do or cannot do inside the property.

Yes, they can.

lanren77

I'm a little confused about lease owner and free owner. I bought this flat and the duration of the lease is 999 years. So I guess I own it at least for a while..

I am trying to find the exact clause. It's a 1000 pages contract..it will take a while..

AdrianC

lanren77 wrote: »

I'm a little confused about lease owner and free owner. I bought this flat and the duration of the lease is 999 years. So I guess I own it at least for a while..

Yes, you're the leaseholder. You "own the flat".

The freeholder owns the land the block is on, and all the structure of the building itself, together with all the common areas. They then grant a lease - a very, very long right to live there - for the actual flats themselves.

AnotherJoe

How on earth do the leasehold company even know that you have rabbits???

Miss_Samantha

Artfullodger has given you the answer you need in post #5.

It does not matter what your lease says. As long as you do not cause a nuisance and health hazard--and I can't see how 2 rabbits kept inside your flat could be either--you are entitled by law to keep your rabbits.