Pets in leasehold with share of freehold

eddddy

Giblets wrote: »

Incidentally, I have read my leasehold agreement...:
"The leasee shall not underlet the premises or any part thereof"

Does that mean that you may not rent out your property?

Yes - it does mean that you can't rent out the flat.

Is that definitely the whole sentence or clause?

HB58

We are in a similar situation to the OP's buyer -

We are looking to move from a house to a flat and we have 2 cats. We understand that many blocks do not allow pets and have made a point of checking with the relevant EA before even arranging a viewing.

In the case of the flat we hope to buy, the EA was asked the question, went away to 'consult the vendors' and rang us back to say that pets are allowed. When viewing with the agent we talked about how best to arrange access/egress for the cats and said we would have to think about whether we could make it work.

The flat is much better than anything else we have seen so we arranged a second viewing, again asking for the situation re pets to be confirmed.

We have now had our offer accepted and asked for a copy of the long lease so that we can assure ourselves that everything will be Ok re the cats before we spend a lot of money on legals.

Guess what? That's right, pets only accepted with permission of freeholders (other owners). The vendors are currently asking the other freeholders for permission and we are holding our breath . . .

eddddy

Giblets wrote: »

a little update, but apparently her grounds for claiming I would not be able to vote ont he dog issue is because I have a direct conflict of interest.

... and that's not a conflict of interest, that's a difference of opinion.

You think pets should be allowed because that suits you better, she thinks pets shouldn't be allowed because that suits her better.

In any case, unless the company's articles say anything about 'conflicts of interest' - it's irrelevant.


(But if I was your buyer, I'd still walk away!)

Giblets

Hi Eddy, thanks again, agree you would have concerns with a flat argument, but as mentioned I think any flat would probably have clauses about this in there.
In terms of the 'under let' clause, that is indeed the full and direct quote.
I would be loath to use this Nuclear option as the other resident is looking to move out also, but by sub letting their apartment, they are currently 'on side' really would like to avoid that.
I would have thought that any buy to let mortgage would check their lease agreement, but looking round , loads seem able to get a mortgage despite such clauses (I suspect the difficult resident may be mortgage free)

I suspect my best bet is to hold a vote and get her to challenge it legally after, as secretary she would need to write any letter I am assuming?!

Hoploz

Giblets wrote: »

Incidentally, I have read my leasehold agreement...:
"The leasee shall not underlet the premises or any part thereof"

:rotfl::rotfl::rotfl:

Bet she would accept a majority vote on that one

Giblets

Hi some good news on this, discovered we have an old articles of association for our company, (and reading up this is not over ridden by the new 2006 act) as either way there is a clause stating you can vote on anything whatever your interest.

Giblets

Apparently this is far from over, the woman in question is far from over. She has contacted our buyers solicitors 'on behalf' of the management company and advised them that we have made a decision on the dog.
She is clearly going to any lengths she can to scupper this.
She has not had any legal advise on the matter, if my sale falls through can I reclaim costs from her?

G_M

Giblets wrote: »

Apparently this is far from over, the woman in question is far from over. She has contacted our buyers solicitors 'on behalf' of the management company and advised them that we have made a decision on the dog.
She is clearly going to any lengths she can to scupper this.
She has not had any legal advise on the matter, if my sale falls through can I reclaim costs from her?

Of course, You could claim
* postage to/from the management company, your solicitors, and your buyer
* the lost sale price of your property
* the value of the dog

bouicca21

Surely the easiest solution is for you or your solicitor to write to her pointing out that pets are allowed if permission is given by majority vote in the management company but that renting out is specifically prohibited under any circumstances. Given that she is in breach of the lease it would be best if she desisted from interfering.

If you want to take it to the next level of confrontation you could point out that her actions amount to a course of harrassment which if it continues will be reported to the police.

That should shut her up.

Nick_C

Sounds like you need to call an EGM and replace your Co Sec with your other neighbour