Lease & Pets Major Issue

tbarson1

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I asked the solicitor who said they could see no restrictions in the paperwork. I am also slightly confused as I live at my address, however the lease refers to my building and the building next door...

ashe

ultimately if the lease says that then no matter what you cant have a dog. Whether thats conveyancing error, or your responsibility for not reading it in full, is a separate matter for you to resolve but neither will result in you being allowed a dog. Apartments often have very thin walls and ceilings so its not uncommon for pets to not be allowed, and there is no easily accessible garden for most flats for regular exercise, so while dog ownership is possible in an apartment, it is not ideal.

Either way, you need a solution for the dog as whoever is to blame, its not going to resolve that issue so you need to separate them.

need_an_answer

Was your solicitor local?

You could arrange a follow up appointment with them t discuss in detail the lease and its contents.

via a forum whilst people can offer advice and comments we can't see the whole bundle of paperwork that you have,or indeed what you may or may not have signed.
Ultimately you are in a situation of living somewhere where you dog is not permitted to live and that is what you need to focus on.

The lease cannot be changed without significant cost so you are the one that will need to adapt.

AnotherJoe

tbarson1 wrote: »

It says no pets to be kept in the property whatsoever........Just found it. The conveyancer from the firm said that pets were allowed however before I purchased the apartment. How could they miss that?

How could you miss it?

NeilCr

Think I'd wait and see what the management company come up with before going into panic overdrive.

Much the same happened with my mum many years ago - although it was with a cat. After a bit of negotiation the manco agreed to her keeping the cat but she couldn't have another when it died. I can remember me and my wife trying to find another cat that looked the same to see if we could sneak it in as a replacement.

No neighbours have complained so it doesn't appear that your dog is a problem to them. You might get away with it

tbarson1

Thanks for that. Well to be honest I said it was a visitor so I am hoping we can just avoid cleaners which come fortnightly and that's the end of it? maybe just keep a low profile.

MEM62

tbarson1 wrote: »

Thanks for that. Well to be honest I said it was a visitor so I am hoping we can just avoid cleaners which come fortnightly and that's the end of it? maybe just keep a low profile.

Deliberately and knowingly being in breach of your lease is not a prudent course of action. You need to address the issue with the management company and see if there is any compromise / solution available. Having lied to them already, they are not going to look upon you favourably next time the presence of the dog is reported by one of your neighbours.

InterestedParty2018

What the lease states governs how you and your landlord/freeholder must behave, irrelevant of what your solicitors told you at the time.

When you purchased your flat you would have had to sign a lease, or a document referring to the original lease. It is your responsibility to read the content, understand the content and question any ambiguity BEFORE signing.

By continuing to keep the pet your are in breach of your lease. As someone else has already suggested - see if you can reach a compromise with the Managing Agent. Lying about the dog belonging to a visitor is bad start.

need_an_answer

Just a few quick questions regarding the dog

Presumably you take it out daily for walks etc has no one actually ever seen you do this in the year that you have been there?

what about barking,how do you control that so that it isn't an issue to neighbouring properties?

I fail to see how you can "hide" a dog without being found out.

bmthmark

tbarson1 wrote: »

Thanks for that. Well to be honest I said it was a visitor so I am hoping we can just avoid cleaners which come fortnightly and that's the end of it? maybe just keep a low profile.

Damn, why did you say that?
You really should of been honest and told them you got the dog a long time a go and that you didn't know dogs weren't allowed. They probably would of just said as no complaints have been made, keep the dog but don't get another.
You are going to be living on the edge, worried about noise, being spotted etc. Just make sure you don't get a complaint made against you