What does this leasehold clause actually mean about having pets?

LizzieC2018

Hi David,
Yes I have read the lease thoroughly (thankfully it's quite straightforward) and there isn't any other clauses. So perhaps I should just proceed as normal in that case!

eddddy

LizzieC2018 wrote: »

I will of course speak to my solicitor on Monday to make sure we can get this in writing or get the lease amended accordingly, and then down the line when I am able to get dog, it will be OK.

It probably won't be possible to get the lease amended - or anything binding in writing.

Leases generally covenant (or promise) that all the leases in the building will be the same as each other. (So, for the sake of an example, if your lease says you're not allowed to keep a pet, then nobody else is either.)

So your lease probably cannot be changed in isolation.

LizzieC2018

Thanks everyone for your valuable comments and input.

So, having read through all your comments, is my interpretation of the clause as follows correct?

A pet is allowed provided that it doesn't cause a nuisance / annoyance to any occupiers of the building..and that I'm pretty much at the mercy of the rest of the building's residents regarding what constitutes nuisance / annoyance. If someone else in the building feels the pet (hopefully a dog in my case) is a nuisance/annoyance (for whatever reason), they can complain and the leaseholder / management company has the right to make me get rid of that pet?

theartfullodger

Allotments Act 1950 means you can keep rabbits and chickens.

davidmcn

A 'nuisance' in law has an objective (and fairly high) definition, not merely what your neighbours find irritating.

LizzieC2018

Thank you, that's useful to bear in mind

need_an_answer

I think you may also want to look at it from the side of IF someone (or a collective)makes a complaint and its decided that the matter will be taken further would you still be happy living in a property where potentially you and your dog is not welcome.


Its not so much the fact that I actually even believe that the majority of these disputes get to the point that it goes to court or the pet removed,but I guess you would need to be pretty thick skinned living amongst a set of residents who clearly take issue with you and your pet.

My point being that its the people around you who can be more hostile than the actual legal challenge.

Its good that potentially an "exception" is being made for you but I do wonder how many others this head leaseholder has dismissed previously.

It sort of sounds like he's happy to change the rules to suit his purpose ie selling to you with consent when maybe he hasn't always granted the same privilege to other owners.
He's walking away having maybe lit the fuse....

LizzieC2018

Thank you, that is also worth bearing in mind, I appreciate your comments