Rabbits in my flat

lanren77

AnotherJoe wrote: »

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

The service management company is sister company with the leasing company. There're cameras everywhere plus 24 hours concierge. We took our rabbits to check the vet, they probably know them from there..

AdrianC

Miss_Samantha wrote: »

It does not matter what your lease says.

Oh, it does.

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.

There is no nuisance or H&S reason you can't. But that doesn't mean there's no contractual reason you can't.

Miss_Samantha

AdrianC wrote: »

Oh, it does.



There is no nuisance or H&S reason you can't. But that doesn't mean there's no contractual reason you can't.

Pleas read the Act Artfullodger mentioned and posted a link to.

theartfullodger

I think Adrian is correct, but as is Samantha.

Here we have, again, two conflicting legal rights.. probably wise to try & arrive at a compromise (eg keep current bunnies but not replace them as & when..: Anyone making remarks about "breeding like.." - we saw you coming...).

A bit like (in the renting world..) the conflicting rights of a landlord to inspect (LL&T Act 1985 s11..) and the tenant's right of "quiet enjoyment". Best resolved with a bit of humanity & compromise...

Miss_Samantha

theartfullodger wrote: »

I think Adrian is correct, but as is Samantha.

Here we have, again, two conflicting legal rights.

No, the Act is clear:

Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land.

Any clause in the lease prohibiting hens and rabbits has no effect.

AdrianC

I'd love to hear how the Allotments Act 1950 applies to the interior of a flat...

Sure, that act doesn't - as NL point out - define "land". But claiming it includes inside space is going to be a serious stretch of credibility - one that doesn't apply to the case referred to in that blogpost, since that clearly refers to a garden, which the OP doesn't mention - and implies doesn't exist. In fact, the OP is quite clear that the rabbits never go outside at all.

Fosterdog

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..

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

Be honest your lease is not a 1000 page contract, that is longer than a dissertation and most novels. It is probably no longer than 30-40 pages and that is for a complex one a more basic and simplistic one will be 10-15 pages.

davidmcn

AdrianC wrote: »

I'd love to hear how the Allotments Act 1950 applies to the interior of a flat...

Sure, that act doesn't - as NL point out - define "land". But claiming it includes inside space is going to be a serious stretch of credibility - one that doesn't apply to the case referred to in that blogpost, since that clearly refers to a garden, which the OP doesn't mention - and implies doesn't exist. In fact, the OP is quite clear that the rabbits never go outside at all.

In the context of property law, "land" generally includes the buildings on it. I think the Act would have had to be more specific if it only meant "in your garden".

Miss_Samantha

AdrianC wrote: »

I'd love to hear how the Allotments Act 1950 applies to the interior of a flat.

It applies.

AdrianC

Miss_Samantha wrote: »

It applies.

I thank my learned friend for such an authoritative and cogent argument...

davidmcn wrote: »

In the context of property law, "land" generally includes the buildings on it. I think the Act would have had to be more specific if it only meant "in your garden".

The rest of the Allotments Act 1950 is really quite specific.
http://www.legislation.gov.uk/ukpga/Geo6/14/31

One thing's for sure, you'd be opening a VERY big can of legal worms by trying this argument. You'd better have a big budget for legal fees - a budget that might be better spent by moving to a freehold house with a garden. Or even just a flat without this clause in the lease.