Freeholder refusing request for dog unreasonably

sheramber

:beer:

pimento wrote: »

Yes, there is. the Basenji doesn't bark.

https://en.wikipedia.org/wiki/Basenji

But they are not silent
from your link

The Basenji produces an unusual yodel-like sound (commonly called a "baroo"),
.....................
and are prone to howls, yodels, and other vocalizations over the characteristic bark of modern dog breeds.

gingercordial

pimento wrote: »

Yes, there is. the Basenji doesn't bark.

https://en.wikipedia.org/wiki/Basenji

True, but they aren't exactly silent...

"The Basenji produces an unusual yodel-like sound (commonly called a "baroo"), due to its unusually shaped larynx. [They] are prone to howls, yodels, and other vocalizations."

They are great though!

saajan_12

Morality aside, on what basis do you say
1. Freeholder can't withhold consent without reason
2. Witholding consent would be unreasonable

Indeed I see many reasonable reasons to withhold consent:
1. defecating in communal garden
2. damage to common areas
3. fear / aversion of other residents as the dog passes through common areas
4. barking / noise disturbing other residents

buzzyzoe

deannatrois wrote: »

You purchased the flat knowing the lease said no pets. I think you are going to have to decide which is more important, where/what you live in or a dog. Personally, I think anyone who works should consider getting a dog very carefully.

The lease doesn't say no pets, it says only with the consent of the freeholder. Not the same thing at all.

buzzyzoe

LandyAndy wrote: »

They don't own it. They lease it.

No, they do own it. It's a leasehold flat. Not the same thing at all.

buzzyzoe

AnotherJoe wrote: »

It's cruel to keep a dog ina flat.

This comment makes no sense to me. There are plenty of flats that are bigger than houses. There are houses with no garden and flats with private gardens. You cannot blanket say that it's cruel to keep a dog in a flat.

AdrianC

buzzyzoe wrote: »

No, they do own it. It's a leasehold flat. Not the same thing at all.

They own the lease to the flat.

The lease is, effectively, a long-term rental of the space within the walls of the flat, as described and limited by the terms of that lease.



They do not own the fabric of the flat, nor do they have any kind of rights over the rest of the block, bar non-exclusive right-of-passage over the common areas, as granted within the terms of the lease.


As the ultimate sanction, the freeholder (or head-leaseholder) can withdraw the lease for breaches of its terms. Unlikely for a dog, but not impossible.

buzzyzoe

AdrianC wrote: »

They own the lease to the flat.

The lease is, effectively, a long-term rental of the space within the walls of the flat, as described and limited by the terms of that lease.



They do not own the fabric of the flat, nor do they have any kind of rights over the rest of the block, bar non-exclusive right-of-passage over the common areas, as granted within the terms of the lease.


As the ultimate sanction, the freeholder (or head-leaseholder) can withdraw the lease for breaches of its terms. Unlikely for a dog, but not impossible.

Only if the leaseholder refuses to rectify the problem within a reasonable amount of time. Still not the same situation at all as renting a property.

AdrianC

By "rent" you mean a shorthold tenancy. There are varying degrees of "rent" for property, just as there are for cars. You can rent a car for a week from Avis, or you can lease one for three years - you don't own the car in either situation.

buzzyzoe

AdrianC wrote: »

By "rent" you mean a shorthold tenancy. There are varying degrees of "rent" for property, just as there are for cars. You can rent a car for a week from Avis, or you can lease one for three years - you don't own the car in either situation.

I understand your point, but if you rented a car on an 100 year lease (so longer than your lifetime), I would consider you to own it. Either way, still a hugely different scenario than someone renting a property in terms of what you're allowed and not allowed to do.