Keeping pets in a leasehold flat

Travelmravel

Hi, I'm looking at buying a flat, not as an investment but with a residential mortgage so I could live in it with my family. Something I want to know is would I be able to freely keep pets in it? I mean a dog or a cat, maybe fishes also, no big, loud, aggressive dogs, nothing extraordinary. Should I obtain a written agreement from the freeholder that says flat owners are allowed to keep pets? Can that permission/ agreement be withdrawn? Or is it more of a formality and as long as the pets are not disturbing the neighbors it should be ok, maybe it's on a case by case basis? As you can see I am not knowledgeable on the subject, any reason information would be appreciated.

Thanks!

davidmcn

Any restrictions will be in the lease. So you need to read that to find out.

Sistergold

It will vary from flat to flat, from lease to lease, and yes you will find this in your small print which you can then address with solicitors to get permission. 

macman

The default position is that you can get anything you want as long as the lease does not prohibit it.

A fishtank is hardly going to have the freeholder seeking to remove you for breach of the lease, unless you do something else to upset him...

theartfullodger

You are permitted to keep rabbits or chickens

youth_leader

I was looking at buying a flat, and although some do allow pets, there is a clause about 'nuisance'.  I have a very barky sheltie and was concerned a neighbour would report me if he ever barked for 'too long' - and a cat.   I read on here that someone had been reported for putting cat litter in the communal bins.  I looked at small freehold houses instead.

davidmcn

youth_leader said:

I was looking at buying a flat, and although some do allow pets, there is a clause about 'nuisance'. 

Even without a clause about nuisance, there is of course a general right for neighbours to take action if you're causing something which amounts to a legal nuisance.

Travelmravel

davidmcn said:

youth_leader said:

I was looking at buying a flat, and although some do allow pets, there is a clause about 'nuisance'. 

Even without a clause about nuisance, there is of course a general right for neighbours to take action if you're causing something which amounts to a legal nuisance.

That might be even in the case if owning a freehold house, if you have a dog that loudly barks all the time, disturbing people it would be a problem. I am talking about reasonable things like having a dog or a cat (or even both) that do not disturb the peace, having pets in my own flat. 

Scot22

We have owned a leasehold flat, fortunately as a holiday home, for 20 years.  I agree with previous posts.
I recommend never buying a leasehold flat unless no option.  Too many potential problems from certain types of leaseholder.  My advice is avoid.

Scotbot

Travelmravel said:

davidmcn said:

youth_leader said:

I was looking at buying a flat, and although some do allow pets, there is a clause about 'nuisance'. 

Even without a clause about nuisance, there is of course a general right for neighbours to take action if you're causing something which amounts to a legal nuisance.

That might be even in the case if owning a freehold house, if you have a dog that loudly barks all the time, disturbing people it would be a problem. I am talking about reasonable things like having a dog or a cat (or even both) that do not disturb the peace, having pets in my own flat. 

The problem is it is not you who gets to decide what is reasonable. If someine else in the flats complains you  may be told to get rid of your pet.  Someone might say that they are allergic or don't like the smell. Often in these situations the freeholders side with the person who wants the animal out. Basically you have no control over other flat dwellers and sometimes people can be very petty. 

At a bare minimum check with other people living in the block to see if they have pets. Their reaction will tell you pretty quickly if it is likely to be an issue. If no one has a pet that is a big red flag

eddddy

Travelmravel said:

davidmcn said:

youth_leader said:

I was looking at buying a flat, and although some do allow pets, there is a clause about 'nuisance'. 

Even without a clause about nuisance, there is of course a general right for neighbours to take action if you're causing something which amounts to a legal nuisance.

That might be even in the case if owning a freehold house, if you have a dog that loudly barks all the time, disturbing people it would be a problem. I am talking about reasonable things like having a dog or a cat (or even both) that do not disturb the peace, having pets in my own flat. 

One consideration is that leases give leaseholders a much easier route to enforcement than a freeholder has - and a leaseholder might misuse those enforcement rights.

For example,

• You annoy a neighbour in some way, and they retaliate by complaining to the freeholder that your pet is causing a nuisance.

• Most freeholders won't want to get involved in any kind of investigation, or offer an opinion on whether your pet really is causing a nuisance. Instead, they'll just write to you withdrawing consent for your pet.

• You'll then have to go to tribunal to prove that consent has been unreasonably withheld.

• The freeholder won't care whether you win or lose - because they don't care if you have a pet or not. And the freeholder doesn't care about their legal costs either, because they'll recover them from the leaseholders (maybe even sneakily adding in a bit of profit on top).

• Either way, the freeholder is pleased because they can just shrug their shoulders and say the decision was made by the tribunal - so it's nothing to do with them.