Estate agent encouraging me into breaking lease from day one

boomawoom

I'm in the process of buying a leasehold house and I only found out a few weeks down the line that pets are not allowed without permission. I've asked my solicitor to contact the management company to gain permission but my estate agent is pressing me into proceeding with the purchase without permission, knowing I have pets and stating that other leaseholders on the development have pets so it will be fine. She's actively encouraging me into breaking the terms of the lease from day one and is threatening to put the property back on the market if I don't agree. Surely this cant be legal.

mrginge

Call 999 immediately.
Edit:
:doh:

theartfullodger

Don't be daft, you know the answer.

Are you aware (unlikely but..) that breaking lease terms opens you up to threat of forfeiture?

Ask her if she has read the 2006 Fraud Act

edinburgher

How thoroughly depressing, glad we came back to Scotland and get to avoid this nonsense.

david1951

Your estate agent?

Surely you mean the seller's estate agent, who doesn't give a **** whether you are allowed pets or not.

hazyjo

Of course they're going to say that - they don't want to lose a sale for that (or any) reason!


Ignore the EA - or ask them to put it in writing that they can guarantee it will be okay lol.


Jx

hazyjo

boomawoom wrote: »

By illegal I mean she's mis-selling. I was never told I wouldn't be allowed pets and wouldn't have spent hundreds on fees already if I was.

Well, you wouldn't be told - you'd have to ask. It's a very common clause with leasehold properties. I've got two cats so would never buy anything leasehold without first checking (as an absolute priority) that pets were permitted.


The EA prob won't have even seen the lease. Nothing to do with her. She goes on what the vendor tells her.


Jx
PS if I was to check, I certainly wouldn't be asking the EA, I would be asking my solicitor.

fairy_lights

boomawoom wrote: »

By illegal I mean she's mis-selling. I was never told I wouldn't be allowed pets and wouldn't have spent hundreds on fees already if I was.

It's not really mis-selling, unless the property was advertised as "Pets allowed! 100% guaranteed!!"
It's not unusual for a leasehold property.

davidmcn

What's your solicitor's advice?

While in theory such clauses can be enforced, it's unlikely anybody would go to the time and expense of trying to do so, unless you're a dangerous dog-wielding neighbour from hell (in which case there are probably other legal remedies against you anyway).

G_M

boomawoom wrote: »

By illegal I mean she's mis-selling. I was never told I wouldn't be allowed pets and wouldn't have spent hundreds on fees already if I was.

EAs are not legal experts. They don't read leases, and if they do, they don't understand them. That's why you either employ a conveyancer, or learn enough yourself to do your own conveyancing.

So, no - no miss-selling.

my estate agent is pressing me into proceeding with the purchase without permission, knowing I have pets and stating that other leaseholders on the development have pets so it will be fine.

Dear Mr EA

Thank you for reassuring me about the lease. As you know I am very pleased with the property, and the price agreed so was concerned by the clause regarding pets in the lease.

If you can kindly confirm by return of post the reassurance you gave me verbally yesterday, that I can safely ignore the no pets clause, I shall have no hesitation in proceding with the purchase.

Yours sincerely

wombyboom

Hoploz

What sort of pets do you have?

If it's a hamster, no problem.

If it's an indoor cat ... Probably still no problem, as it's unlikely to cause any disturbance to other residents (there is often this kind of phrase in the lease, rather than simply 'no pets allowed')

If it's a dog, more likely there'll be a problem. It might bark and disturb other residents, or it might go out and poo all over the communal garden. I'm sure yurs wouldn't etc but the freeholder might think there is a risk.

You say not allowed 'without permission.' Perhaps your solicitor could ask the freeholder's permission? Is your pet the kind of pet which would not be given permission?