can residential management company make me get rid of a pet, as the homeowner?

eddddy

jigglypuff66 wrote: »

yes there is a flat underneath

So, if you're in England or Wales, it's very, very likely to be leasehold.

(You might own a share of the freehold as well - but that's a separate issue.)

So you are bound by the terms of the lease..., so

- you might need consent to rent out your flat (or you might not be allowed to)
- you might need consent to keep a pet in the flat (or you might not be allowed to)

You need to read your lease.


(The only other possibility is that you own the freehold of the building, and the flat underneath leases their flat from you - but that's unlikely.)

jbainbridge

I'm confused - is it a townhouse or an apartment?

eddddy

jigglypuff66 wrote: »

I am 100% sure the development and gardens are on freehold land

That would be correct. And you would lease a flat that is situated on that freehold land.

Red-Squirrel_2

jigglypuff66 wrote: »

yes there is a flat underneath

We do not share the front door (with the said cat flap)
Every propertry has a seperate front door walking out to various areas around the plot.

I'm not understanding the situation, you said your front door is on ground level and 'spans up to the attic' so where is the flat? Is it a basement flat? Is it a 'back to back' arrangement?

If you don't pay any ground rent it doesn't sound leasehold, but then it doesn't quite sound freehold either!

Get your paperwork out from the purchase and go over it with a fine tooth comb to be sure which it is.

seashore22

So you own a share of the freehold? There may still be rules that you have to adhere to and not having pets may be one of them.

I'm not sure that it is as straightforward as owning the freehold would normally be.

PasturesNew

If you have a query re your paperwork, it can be worthwhile phoning your solicitor who did your conveyancing and ask them the specific question.

I did this for mine to check something as my property has complex covenants and indemnities on it so I wanted to know where I stood re extending.

They made a flat rate charge of £60 (last year) to: get the file, read through it all, to answer my specific question. For this price I had to agree to them answering the question within 2 weeks, as it wasn't something they rushed off to do immediately at that price. They fitted it in, at their convenience. They also then sent me a letter with the answer in writing, all in that one fee.

It sounds to me like you have a leasehold flat -AND- you are "one of the freeholders", with the other residents being the other freeholders. You cannot break the rules within the agreements just because you're an "owner".

You do need to read the documents to see what you're allowed to do. Just because you're an "owner" you can't make up the rules/change the rules, because they exist and so all freehold owner/sharers would also need to agree and formally/legally change all the leaseholds.

seashore22

A photo of the development would be useful. I can't quite picture how it all works and I don't seem to be the only one.

LEJC

seashore22 wrote: »

A photo of the development would be useful. I can't quite picture how it all works and I don't seem to be the only one.

The thing is we don't need to picture what the set up particularly looks like.....the detail that the OP is questioning are the specifics that would be included in the documentation received when purchasing the property.

There are standard leases but there is also no such thing as a standard lease....or indeed set of instructions or guidelines agreed by all when the management company were appointed.

Whether the OP installed a cat flap or where,or even how good a job was made of the installation isn't going to help by seeing a photo of it if there is a restriction that clearly specifies no alterations or indeed no pets.

By looking at a photo or drawing of the OP's individual property or the complex as a whole isn't going to shed any light on the covenants or restrictions or whether it's sitting on freehold or leasehold land and what ground rent there is to pay etc etc.///those details are written into documents which are applicable to that particular development only.

seashore22

LEJC wrote: »

The thing is we don't need to picture what the set up particularly looks like.....the detail that the OP is questioning are the specifics that would be included in the documentation received when purchasing the property.

There are standard leases but there is also no such thing as a standard lease....or indeed set of instructions or guidelines agreed by all when the management company were appointed.

Whether the OP installed a cat flap or where,or even how good a job was made of the installation isn't going to help by seeing a photo of it if there is a restriction that clearly specifies no alterations or indeed no pets.

By looking at a photo or drawing of the OP's individual property or indeed the complex as a whole isn't going to shed any light on the covenants or restrictions or indeed whether it's sitting on freehold or leasehold land and what ground rent there is to pay etc etc.///those details are written into documents.

You're right. I am curious though.

hazyjo

99% sure it'll be a leasehold maisonette and you'll be a leaseholder with a share in a company that owns the freehold.


You will still have a lease. Read it - that is the only way you will know. There are no hard and fast rules about what is permitted, although pets (dogs and cats in particular) are often not allowed.


Jx