Rental property and cat

Gemm83

I was wondering if anybody could help me on where I possible stand with this one!
I am absolutely desperate to get a cat. I am in rented accommodation (ground floor)and have been for the past 3 years. I have asked my Landlord as to whether we could get one and he said that he doesn’t have an issue with it at all….I was very excited and started looking at our options.
Now, my flat is in a complex, and there is a residents association. My Landlord has been in contact and has now said we now can’t get a cat as the Chairman has said there can be no animals on the complex.
It clearly states in my tenancy agreement that any pets have to be with the Landlords permission, I have this permission. Can a residents association really over rule what a Landlord has agreed?
Whilst I understand that they may not want cats do-dos around the complex, surely the landlord owns the property and a portion of the land so he should be able to say what goes on in the property and land…….do I have a leg to stand on if I challenge this decision?

Many thanks for you help!

maisie_cat

You may find that the lease has a no pets clause and that the freeholder/management company will not waive it. There was a case in recent years where leaseholders had a dog contrary to the no pet clause and ended up in court. Think about it from the perspective of those who chose to live in the complex knowing that it was pet free.
If you really want a cat you may need to consider moving

Gemm83

Thanks. There is another flat that has a cat as we often see it lurking in the window. Also there are two "regular" cats that frequent the grounds but I'm unsure as to whether they are resident cats or visitors!

Undervalued

Gemm83 wrote: »

Thanks. There is another flat that has a cat as we often see it lurking in the window. Also there are two "regular" cats that frequent the grounds but I'm unsure as to whether they are resident cats or visitors!

Two wrongs don't make a right. Nor do three or four....

Sorry, I sympathise, but your landlord has said no after consulting the residents association. It is unfortunate he initially said yes and got your hopes up but he is entitled to change his mind.

The properties either side of my house are rented out as flats. One landlord will allow the residents of each flat to have one cat with special permission. The landlord on the other side has a total ban. Ultimately if those are the terms on which you took the flat you need to abide by them or move somewhere else.

IAmWales

I have this permission

No, you don't.

My Landlord has been in contact and has now said we now can’t get a cat

Gemm83

Excuse me, I DO have the Landlords permission, I just don't the Chairman's permission. It did not go to a vote with the residents as it has never been put before them.

Since posting I have spoken to a couple who lived there previously and there HAVE been pets there before. My question was can they/he over rule the Landlords decision which WAS yes.

I will ask my Landlord to check his lease.

Undervalued

Gemm83 wrote: »

Excuse me, I DO have the Landlords permission, I just don't the Chairman's permission. It did not go to a vote with the residents as it has never been put before them.

Since posting I have spoken to a couple who lived there previously and there HAVE been pets there before. My question was can they/he over rule the Landlords decision which WAS yes.

I will ask my Landlord to check his lease.

No you don't. He initially said yes then, after taking advice, reversed that decision. So his current decision is no.

Not every decision of any association is put to a referendum! The officers have the power to make day to day decisions. The membership, if they don't like the decisions being made, can appoint somebody else next time round.

PasturesNew

Ultimately ... the residents' association, if working to the terms in the lease of the building, actually have the power to force the landlord to sell his flat.

His OK is meaningless if he's not allowed to do something within his lease. He might not have known (many home owners never read their paperwork).

Gemm83

Thank you PasturesNew. The clause is a "no nuisance" one.


“no bird or dog or other animal which may cause annoyance to the owner, lessee or occupier of any other flat in the building shall be kept in the flat”.

"May" is such a subjective word though! It might be the most well behaved cat in the world that will only do his business in his own garden (highly unlikely I know!)

Daveahare99

We had the same problem with a dog.

I found it depends how reasonable the residents committee is. Or whoever runs it.

My landlord didn't have a problem but the 'president' (quote unquote) did. We asked everyone else in the complex if they minded with a letter. Everyone was fine.

A couple of weeks later I got a letter from Linden Homes reinforcing the views of madame president.

So it depends how reasonable people are and how seriously they take the residents commitee.

The lady who ran mine followed the rules to a T. : (

Hope it helps.

bertiewhite

Gemm83 wrote: »

It clearly states in my tenancy agreement that any pets have to be with the Landlords permission, I have this permission.

It makes you wonder what the point in having a tenancy agreement is really