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leasehold no pets covenant

We are about to complete on a purchase of flat, got all the forms to sign just the other day, and the solicitors has cut and pasted a paragraph from the lease that we have never been issued with a copy of the lease, and we asked the question about pets to the agents before reserved an apartment said a small pet (re: cat in this case) is fine, and in the ease there is apparently a covenant saying no animals, can this be enforced, can I have it revoked after we asked about having pets and never being issued with a copy of the lease? 

Comments

  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    edited 5 March 2020 at 5:35PM
    But the agent you asked didn't put the "fine" in writing.
    The lease is whats in writing and what all leaseholders have to abide by.
    You may find it challenging to get the lease revoked 

    Just to put it into some sort of context for you...

    I have a few leasehold properties I wont deny that one of them is very lax on the pet subject and almost anything goes but I have 2 others where either the management company have categorically said no to animals and are prepared to take steps to go down the revoking of lease route and the other property where the enforcement comes from the other leaseholders who quite frankly make it very difficult for a pet to remain on the complex.

    I guess at this point you wont know how far you can push having a cat but you need to go into this with the mindset that if your cat is not welcome you have 2 choices...either look to sell and make sure onward purchasers are aware of the clause...or to rehome your cat hopefully with someone who allows you visiting access.

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  • eddddy
    eddddy Posts: 18,552 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 March 2020 at 5:38PM

    Does the lease just say "No Pets" or "No Pets without consent"?

    Noimal said:
    ...and we asked the question about pets to the agents before reserved an apartment said a small pet (re: cat in this case) is fine, and in the ease there is apparently a covenant saying no animals, can this be enforced, can I have it revoked after we asked about having pets and never being issued with a copy of the lease? 

    Yes - it can almost certainly be enforced. Firstly, you might receive 'nasty letters', and be charged fees. Ultimately, the lease could be forfeited (i.e. they take your flat away from you.) 

    No - it's very unlikely that the freeholder would be able and willing to remove a covenant from a lease (What the agent said is irrelevant in this respect, whether it was verbal or in writing).

    You say "reserved" - is this a newbuild? Would you walk away, if you can't keep a pet?


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