Leasehold restriction on pets

LC

We own a flat with a leasehold and have lived here for a couple of years. We have been thinking about getting a dog and have checked the lease to see it has a rather ambiguous term about pets. We will speak to the freeholder and ask a solicitor but were just wondering about what others think it means.

The wording is: No bird animal or reptile which may cause annoyance to any other owner tenant or occupier of any other part of the building shall be kept in the flat.

We have interpreted that as, as long as it isn't an annoyance then all is fine but can see how it could be interpreted as no pets allowed. The freeholder lives in the building and is pretty friendly but generally keeps to herself so we haven't broached the subject with her yet.

csgohan4

dog can cause annoyance, they bark, can you guarantee that they won't?

As you have said check with free holder, but seems clear cut unless it's a hamster or example

G_M

Well arguably, a dog may cause annoyance. It does not say 'has caused'.


Indeed, the presence of a dog if I lived there would cause me annoyance. One of the factors I would have considered when buying a flat in your building would have been that clause - I hate dogs!


Of course, if you simply get a dog, and no one complains, you're fine.
Or you could ask the feeeholder for permission. But even supposing the freeholder says it's OK, what if another leaseholder (like me!) then complains? They could insist the freeholder enforce the clause.

phill99

The criticality is MAY cause annoyance. Your pet MAY cause annoyance to someone who doesn't actually live in one of the other properties at the moment.

hazyjo

Oh God, don't risk it. Poor dog will bark or whimper or have an 'accident' in the common parts when ill. Someone may not complain for 5 years. New owner notes in, and boom.

I'd not risk it in a million years.

LC

I should add we have our own entrance with no need to use the communal areas and have completely sound proofed our flat so the risk that of annoyance is minimal.

phill99

L/C wrote: »

I should add we have our own entrance with no need to use the communal areas and have completely sound proofed our flat so the risk that of annoyance is minimal.

But you need to define 'annoyance'. What you think isn't annoying, maybe very annoying to others.

csgohan4

L/C wrote: »

I should add we have our own entrance with no need to use the communal areas and have completely sound proofed our flat so the risk that of annoyance is minimal.

Are you willing to risk another leaseholder to report you and enforce the lease?

Be considerate to your neighbours, no flat is 100% soundproof

HampshireH

should add we have our own entrance with no need to use the communal areas and have completely sound proofed our flat so the risk that of annoyance is minimal

Minimal but not non existance

Dogs barking can usually be heard through windows. Depending on the dog you would need some serious sound proofing.

We are really really lucky in the our dog barks very occasionally. So infrequently that when he does its a bit of a shock. But he still does it.

Does anyone else have a dog ? If so your neighbours / freeholder may be more tolerant.

LC

No current dogs but the people who owned it before us had one and the freeholder has a cat. We have no intention of getting a barky dog and have had dogs in flats before with no issue.

We've spoken to our other neighbors who have no issue with it - just haven't seen the freeholder yet. We wouldn't go ahead with it if she has any objections.

csgohan4

L/C wrote: »

No current dogs but the people who owned it before us had one and the freeholder has a cat. We have no intention of getting a barky dog and have had dogs in flats before with no issue.

We've spoken to our other neighbors who have no issue with it - just haven't seen the freeholder yet. We wouldn't go ahead with it if she has any objections.

You might want it in writing too