Lease & Pets Major Issue

tbarson1

need_an_answer wrote: »

However in order to get to the point that the dog were "removed and you forced to move" there is likely to have been a costly legal battle on both sides.
Would you be expecting your solicitor to fund a portion of this or what compensation would you deem adequate?

It is also worth remembering that the management company whom which you would propose to have this dispute is in part funded by yourself as a leaseholder.
They potentially have only minimal funds put aside for challenging leaseholders who don't comply with the lease.Ultimatly if you were to take them to the max you would end up paying at least a portion of their costs by default being a leaseholder and potentially prove yourself very unpopular with your neighbours who as leaseholders also would have to foot the bill.

Whilst it may not seem a huge thing for you to keep a pet and potentially none of your near neighbours object what it does do is show that there can be little regard for upholding any element of the lease.

So presumably if there I a clause in the lease regarding an aspect you are unhappy with someone breaking the terms there is very little you can do to prevent it if you yourself are doing likewise

Thanks, so basically unless the issue is raised again I think I'll just keep myself to myself.

steampowered

need_an_answer wrote: »

So presumably if there I a clause in the lease regarding an aspect you are unhappy with someone breaking the terms there is very little you can do to prevent it if you yourself are doing likewise

I think it comes down to materiality and the landlord's attitude at the end of the day.

Lots of people breach their lease. A classic example is people parking in the wrong space on a residential estate, in breach of parking regulations usually expressly referred to in the lease.

Yet you wouldn't expect to be taken to court over such breaches - though the landlord could if it wanted to - nor would a court grant an injunction, even if the landlord proved the tenant had breached the lease.

If the dog is causing an issue, and the landlord cares enough to fund a legal dispute, then they will pursue it.

Otherwise, they won't.