Buying a new build leasehold flat- Pets policy

dpenney22

Hi

I am in the middle of waiting for a mortgage offer for a new build flat we had an offer accepted on. We are currently going through all the lease documents to see if there are any problems.

We came across 

"No dog bird cat or other animal or reptile shall be kept in the Demised Premises except with the prior written consent of the Lessor or Management Company acting reasonably which consent may be revoked at the discretion of the Lessor or Management Company."

We really wanted to buy a dog in the future, and I've read online that if this clause is in the lease it basically means the developer/landlord does not want people to have pets and will say no? If this is the case its going to be a real bummer, although we haven't bought the flat yet we had really set our hearts on it but I just don't like the wording if its giving us hope for no reason. We have asked the solicitor to see if this permission can be granted in advance but it is probably unlikely.

The second thing was "no bbq or fire pits" a blanket no statement. We put an offer in for the the flat ( in London) because it had a 600 square foot terrace (no-one above us) and we paid a premium for this so it just seems such a kick in the teeth that we can't fully enjoy it by having pets out on it or even having friends round for a bbq. has anyone had similar experiences with these clauses and can give more information?? Thanks

hazyjo

Most flats have restrictions on pets, especially dogs. Obviously they can make a lot of noise and, without a private garden, owners may leave dog mess too. Much easier to have a blanket "no".

As for a BBQ on the roof, what could possibly go wrong... Not the best of ideas anyway!

dimbo61

I think it was a BBQ on the top floor of a student building in Bolton that caused the whole building to go up in flames.
No BBQ allowed sounds sensible 

jaxkesa

You can usually have a pet, you just need to let them know and may have to pay a small 'notice fee'. Check with the management company,

As for BBQs, that is always a no-no post-Grenfell.

davidmcn

dpenney22 said:

"the prior written consent of the Lessor or Management Company acting reasonably which consent may be revoked at the discretion of the Lessor or Management Company."

Rather oddly-worded - suggests they can't unreasonably refuse consent (which is good), but they don't need to act reasonably in deciding to revoke their consent? It's better than the ones which are completely at the discretion of the freeholder or managing agents.

A ban on barbeques seems fair enough in a block of flats.

dpenney22

hazyjo said:

Most flats have restrictions on pets, especially dogs. Obviously they can make a lot of noise and, without a private garden, owners may leave dog mess too. Much easier to have a blanket "no".

As for a BBQ on the roof, what could possibly go wrong... Not the best of ideas anyway!

Yeah I understand about the pets but as a first time buyer I think I was a bit niave as to the rules that come with a leasehold. We can ask for permission but if we are told no then we need to accept that.
I think because you can get electric forms of BBQs I was confused by the complete ban and the way it was worded in the contract.
Thanks for your response

NeilCr

dpenney22 said:

We came across 

"No dog bird cat or other animal or reptile shall be kept in the Demised Premises except with the prior written consent of the Lessor or Management Company acting reasonably which consent may be revoked at the discretion of the Lessor or Management Company."

We really wanted to buy a dog in the future, and I've read online that if this clause is in the lease it basically means the developer/landlord does not want people to have pets and will say no? If this is the case its going to be a real bummer, although we haven't bought the flat yet we had really set our hearts on it but I just don't like the wording if its giving us hope for no reason. We have asked the solicitor to see if this permission can be granted in advance but it is probably unlikely.

We have a clause very much like this on our estate. We, the property owners, own the freehold and I am currently chairman of our Residents Management Company. We do get a few requests and, as a board of animal lovers, we give them as sympathetic hearing as we can - but you do have to consider the other residents in the block, too. We are, usually, okay with one dog or cat and we haven't had any problems. 

We do get people seeking advance approval but they tend to already have animals. One person offered us an "interview" with her dog to see how well behaved it was. Giving "blanket approval" for an unknown animal would be less likely. Our last request was from a lady who would not buy the flat if she couldn't bring her animals (I'd be the same) - unfortunately she had two cats and a dog and we did feel that was too much for a small flat with no direct outside access

hazyjo

dpenney22 said:

hazyjo said:

Most flats have restrictions on pets, especially dogs. Obviously they can make a lot of noise and, without a private garden, owners may leave dog mess too. Much easier to have a blanket "no".

As for a BBQ on the roof, what could possibly go wrong... Not the best of ideas anyway!

Yeah I understand about the pets but as a first time buyer I think I was a bit niave as to the rules that come with a leasehold. 

Try to gain as much knowledge as possible before buying leasehold. You would be surprised at the amount of posts we get from people saying things like they had no idea that leases are considered low or unmortgageable at X number of years, or that they'd possibly have to pay thousands to extend, or that they'd have to pay hundreds for a management pack when they sell, or that certain flats will be harder to sell on than others, or that they need permission and probably have to pay a fee to change the layout or windows or use the loft, etc etc... The list is extensive!

Majoggy

We have this in our lease too - we have a share of freehold so in this instance the lessor would be us, and the 11 other flats.

We got the OK from the chairman of the residents committee. She's a very quiet and well behaved dog so we are not worried.

GixerKate

Gotta think of the welfare of the dog too, a flat isn't the best home for a dog and if you are top floor thats a lot of stairs for the dog, puppies aren't supposed to do stairs when growing as its really bad for their development and the same with older dogs.  Are you willing to carry a dog up and down the stairs each time it needs to go to to the toilet?

dpenney22

GixerKate said:

Gotta think of the welfare of the dog too, a flat isn't the best home for a dog and if you are top floor thats a lot of stairs for the dog, puppies aren't supposed to do stairs when growing as its really bad for their development and the same with older dogs.  Are you willing to carry a dog up and down the stairs each time it needs to go to to the toilet?

Oh I completely understand but top floor is 6th floor and there is a lift but also I am quite willing to carry up and down stairs no problem. The terrace that we have is private and as big as most gardens and out from our living room, we would plan to have some puppy pads out there for small toilets etc. I plan to do a lot of research before making any decision, my sister is also a vet so making sure to get loads of advice from her, I just don't want the option to be completely ruled out as we plan to be there for 5 years at least and currently with working part time I have more time for training etc. I have asked my solicitor to get a decision in principle (sounds like the mortgage all over again haha!!) from the developer based on the type of dog, how we would look after it, stipulations etc so that at least if I make the decision to get one its all above board!