Pet Clause in a lease

alex864

Hi all, I am due to exchange soon however, I am getting a bit worried as I have a cat and I would under no circumstances leave behind. When I was looking for houses, I especially raised the question upfront whether pets were allowed in the property and I found this flat I fell in love where pets were allowed. The owner also had 2 pretty ragdolls as well (wish they were included with the flat haha) and he told me he had to get a letter from the leaseholder as the lease has a clause saying that pets can be kept on the premises with written consent only. When I started my conveyancing, I called the management company (Hazelvine- if anyone is familiar with them?) and explained to them the situation. They said that the best thing to do was ask my solicitor to request the permission upon requesting the management pack. When the solicitor did however get in touch, she was told that I will have to apply myself after having purchased the property and there would be a fee to pay. I have no issues in paying a fee but am mega worried that they will say no and will end up with a flat I don’t want to live in? I’ve seen other neighbors had cats as well, there was even one at the entrance of the block.  

greatcrested

What is the wording in the lease?

There is no way that you, as a non-owner / non-leaseholder, can be granted permission to keep  cat!

You can only apply once you own the lease.

From what you say, however, it appears this is a formality. If others in the building have consent, you could appealagainst any refusal.

Refusal for a pet is likely to be based on the possibility that the pet might cause a buisance to other leaseholders eg a large /noisy dog, a tiger etc

Of course, if other leaseholders complain, consent might later be withdrawn - but is that likely?

alex864

Hi, thanks for your reply. The wording is “No animal reptile or bird shall be kept on the Demised Premises without the written permission of the Company which shall not unreasonably withheld but may subsequently be withdrawn if deemed appropriate or necessary”. 

There is a form online on their website- they even request a passport sized picture of the cat lol. 

I doubt anyone would even notice him as he’s indoor only so no roaming in the communal areas and he’s neutered as well so no crazy meowing. 

alex864

greatcrested said:

What is the wording in the lease?

There is no way that you, as a non-owner / non-leaseholder, can be granted permission to keep  cat!

You can only apply once you own the lease.

From what you say, however, it appears this is a formality. If others in the building have consent, you could appealagainst any refusal.

Refusal for a pet is likely to be based on the possibility that the pet might cause a buisance to other leaseholders eg a large /noisy dog, a tiger etc

Of course, if other leaseholders complain, consent might later be withdrawn - but is that likely?

This is what the form says as well. 

Your lease will usually require our written consent before you may keep a pet in your apartment.

In order for us to give consent we will need written request including the name and breed of the animal, a photograph, and a cheque for £78.00 made payable to XXX

Any consent given will be subject to revocation at any time. This may happens in the event that we receive a written complaint from any other resident about the keeping of the animal including (but not limited to) the fouling of any communal areas, running free in the grounds, barking during the day or night, chewing up or similar damage to communal areas or other behaviour causing a nuisance to another resident.

annetheman

greatcrested said:

What is the wording in the lease?

There is no way that you, as a non-owner / non-leaseholder, can be granted permission to keep  cat!

You can only apply once you own the lease.

From what you say, however, it appears this is a formality. If others in the building have consent, you could appealagainst any refusal.

Refusal for a pet is likely to be based on the possibility that the pet might cause a buisance to other leaseholders eg a large /noisy dog, a tiger etc

Of course, if other leaseholders complain, consent might later be withdrawn - but is that likely?

Perhaps this depends on your freeholder.

I haven't even got my mortgage yet but I already have a fully-signed permission letter from the freeholder to have a cat in my prospective flat. It did take a lot of calls and emails but I was determined to get it confirmed before exchange - and got it done! I would not have proceeded to this stage if there was any chance I couldn't take my cat with me.

My lease says exactly what yours does, and there is a permission fee for asking.

If I were you, I would send the request now and not through your solicitor - by yourself. If it helps, this is what I did:

1. Sent an email requesting the pet permission letter to the customer service generic inbox
2. Sent several begging emails to the person the request was forwarded to, with a picture attached.
3. Called at least once per day for about a week until the person agreed to send me the letter.
4. Received permission letter.
5. Filled it in, signed it and sent it back.
6. Received confirmation back that I could keep my cat in the flat.
7. Voila! Cat's coming with me good luck!

alex864

annetheman said:

greatcrested said:

What is the wording in the lease?

There is no way that you, as a non-owner / non-leaseholder, can be granted permission to keep  cat!

You can only apply once you own the lease.

From what you say, however, it appears this is a formality. If others in the building have consent, you could appealagainst any refusal.

Refusal for a pet is likely to be based on the possibility that the pet might cause a buisance to other leaseholders eg a large /noisy dog, a tiger etc

Of course, if other leaseholders complain, consent might later be withdrawn - but is that likely?

Perhaps this depends on your freeholder.

I haven't even got my mortgage yet but I already have a fully-signed permission letter from the freeholder to have a cat in my prospective flat. It did take a lot of calls and emails but I was determined to get it confirmed before exchange - and got it done! I would not have proceeded to this stage if there was any chance I couldn't take my cat with me.

My lease says exactly what yours does, and there is a permission fee for asking.

If I were you, I would send the request now and not through your solicitor - by yourself. If it helps, this is what I did:

1. Sent an email requesting the pet permission letter to the customer service generic inbox
2. Sent several begging emails to the person the request was forwarded to, with a picture attached.
3. Called at least once per day for about a week until the person agreed to send me the letter.
4. Received permission letter.
5. Filled it in, signed it and sent it back.
6. Received confirmation back that I could keep my cat in the flat.
7. Voila! Cat's coming with me good luck!

I think I’m gonna start going down that route as well- already sent an email today to them as I’m genuinely worried but yeah I can’t lose anything if I’m trying Enjoy your new home with the kitty

Slithery

alex864 said:
Any consent given will be subject to revocation at any time. This may happens in the event that we receive a written complaint from any other resident about the keeping of the animal including (but not limited to) the fouling of any communal areas, running free in the grounds, barking during the day or night, chewing up or similar damage to communal areas or other behaviour causing a nuisance to another resident.

The position is clear then. The consent may be withdrawn if they get a written complaint - even if unfounded (unrelated neighbour dispute etc). So your choices at that point would be to get rid of the cat or sell the property. If neither of those are acceptable then this isn't the flat for you, sorry.

alex864

Slithery said:

alex864 said:
Any consent given will be subject to revocation at any time. This may happens in the event that we receive a written complaint from any other resident about the keeping of the animal including (but not limited to) the fouling of any communal areas, running free in the grounds, barking during the day or night, chewing up or similar damage to communal areas or other behaviour causing a nuisance to another resident.

The position is clear then. The consent may be withdrawn if they get a written complaint - even if unfounded (unrelated neighbour dispute etc). So your choices at that point would be to get rid of the cat or sell the property. If neither of those are acceptable then this isn't the flat for you, sorry.

That’s understandable but my worry was not getting the consent in the first place. 

SaintJudy

I asked a similar question a few months back and was met with a barrage of negativity ('get rid of the cat or find another flat' type comments), all of which have been proved wrong, so please ignore the naysayers  

I really don't think you have much to worry about here - the management company have set out a clear process to follow to be able to have a pet rather than an outright ban, and current owner has already set a precedent. The management company have provided some clarity on what's not acceptable ("the fouling of any communal areas, running free in the grounds, barking during the day or night, chewing up or similar damage to communal areas or other behaviour causing a nuisance to another resident") which from what you've already said won't apply to a quiet indoor cat. 

I get why you're worrying though as I was too and the fact you have to be in the property before you can apply is unsettling, but see what they come back with in response to your email. It sounds to me like you (and the cat) will be fine

Slithery

SaintJudy said:

The management company have provided some clarity on what's not acceptable ("the fouling of any communal areas, running free in the grounds, barking during the day or night, chewing up or similar damage to communal areas or other behaviour causing a nuisance to another resident") which from what you've already said won't apply to a quiet indoor cat.

But that isn't what the management company have said at all, is it?
Their wording states that if they get a written complaint about any of the above then they can withdraw your permission. It doesn't say anywhere that the complaint has to be resonable or even true.

SaintJudy

Slithery said:

SaintJudy said:

The management company have provided some clarity on what's not acceptable ("the fouling of any communal areas, running free in the grounds, barking during the day or night, chewing up or similar damage to communal areas or other behaviour causing a nuisance to another resident") which from what you've already said won't apply to a quiet indoor cat.

But that isn't what the management company have said at all, is it?
Their wording states that if they get a written complaint about any of the above then they can withdraw your permission. It doesn't say anywhere that the complaint has to be resonable or even true.

Actually no, your interpretation is wrong. The OP stated that the management company wording is "This may happen in the event that we receive a written complaint". May. It MAY happen. 

You were one of the naysayers on my post about this too. I don't know if you have something against people who have pets buying leasehold properties, but you definitely seem to have some sort of issue. I spoke to my solicitor at great length about my lease and my cats, and I'm pretty sure she knows more about it than you do.