Advice Needed - Buying a Leasehold flat without confirmation my cat will be allowed

hayleylt

Good Morning,

I'm at a bit of a loss on what to do - I've found this third floor flat, it's the only flat in the area I need to be in for work that I can afford (I've been keeping an eye out for similar properties and literally nothing else in my price range is coming up) - I need to be moving in the next month or so too because of returning to the office.

I have a house cat, giving him up is not an option and throughout the buying process I've explained this to the selling agent, my Solicitor etc. And throughout the process they've said "yes, having a cat shouldn't be an issue, you'll just need to apply for permission". However, I've now been told I can't formally apply to keep my cat in my flat until I am the official Leaseholder - so I'm being asked to sign away my savings and gamble on whether they say yes or no... My Solicitor, the sellers all say it's a slim chance they'll say no, but - still a chance.

Anyone had this before? Do I have any rights to appeal if they say no after I've bought? Do I push back to the seller and say "I don't want to complete the purchase without formal consent for my cat?" - what if they say "fine, don't buy it then"? I need this home, desperately, but I also need my cat desperately.

980233

In a word, no. if you haven't exchanged then you are free to walk.

ShinyYellowBoots

I bought recently and my solicitor emailed the freeholder, who emailed right back with permission for my cat. No one suggested that we couldnt sort that out until I was officially a leaseholder. I was the same as you - wouldn't move unless my feline dope came with me. Hope you can get it sorted! 

GoogleMeNow

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

Purchase a copy of the lease from Land Registry above (you'll need the title number, so it's a good idea to obtain the leasehold title (£3) before using form OC2 to purchase the lease, cost is I think £7), or ask the solicitor/vendor/EA if they can obtain a copy.  There will be a clause within the lease regarding pets.  You will need landlord consent though (and you'll need to pay their fee for providing it).  To be honest, most leases do not allow pets, so be very wary before going ahead.

Landlords will often not give consent because if any pet were to disturb the other leaseholders, who complain, then the landlord would be obliged to ask the pet owner to get rid of the pet.  Obviously an indoor cat is unlikely to cause disturbance to other leaseholders, but the landlord may decide that giving consent sets a precedent.

There was a thread a while ago about this, have a (long) read:

Help with cat in leasehold flat - Director with passive/aggressive behaviour — MoneySavingExpert Forum

user1977

If you've got freeholders/managing agents this unhelpful about such a straightforward request, you might want to consider what they'd be like in relation to any more complicated matters...

seven-day-weekend

I have a leasehold flat that I rent out.  Pets of any description are not allowed (even if I lived there myself). So I would try to get it sorted if you can.

If you can't sort it, then either give up the flat or the cat.  Your choice.

canaldumidi

What exactly does the lease say regarding pets? Assuming (as implied by your solicitor) it says "not to keep any pet without first obtaining the consent of the freeholder" or similar, then

* an easy-going freeholder might give you an answer pre-exchsnge

* a 'by-the-book' freeholder might refuse to comment, since you are not a leaseholder(yet).

If you withdraw before exchanging there is no penalty, other than lossof any money/costs so far.

Have you investigated the building well? How many flats? How amenable are the other leaseholders? Likely to complain about a cat? Have any of them got pets?

If consent is refused, your options are to give the cat away, not live there, or ignore the freeholder and hope the freeholder does not find out you have a cat!

eddddy

hayleylt said:

However, I've now been told I can't formally apply to keep my cat in my flat until I am the official Leaseholder...

Who has that message come from?

Assuming the lease says that pets can be kept with consent, it would be the current leaseholder who applies to the freeholder for consent for you to keep your cat after your purchase.

So is it, for example,

• The current leaseholder doesn't want the hassle of applying - so they're telling you to do it after your purchase?

• The current leaseholder has applied (or asked about applying) and the freeholder has refused the application?

The freeholder cannot unreasonably refuse consent. I'm not sure that saying you don't own the flat yet is a 'reasonable' reason for refusal.


But if the freeholder and/or other leaseholders are being difficult about this, maybe you don't want to buy this flat and walk into a hostile situation.

saajan_12

hayleylt said:

Good Morning,

I'm at a bit of a loss on what to do - I've found this third floor flat, it's the only flat in the area I need to be in for work that I can afford (I've been keeping an eye out for similar properties and literally nothing else in my price range is coming up) - I need to be moving in the next month or so too because of returning to the office.

I have a house cat, giving him up is not an option and throughout the buying process I've explained this to the selling agent, my Solicitor etc. And throughout the process they've said "yes, having a cat shouldn't be an issue, you'll just need to apply for permission". However, I've now been told I can't formally apply to keep my cat in my flat until I am the official Leaseholder - so I'm being asked to sign away my savings and gamble on whether they say yes or no... My Solicitor, the sellers all say it's a slim chance they'll say no, but - still a chance.

Anyone had this before? Do I have any rights to appeal if they say no after I've bought? Do I push back to the seller and say "I don't want to complete the purchase without formal consent for my cat?" - what if they say "fine, don't buy it then"? I need this home, desperately, but I also need my cat desperately.

You've outlined the two options really- take a chance or insist on permission now. 
If you take a chance and complete before applying for permission, then you'll have no appeal / recourse from the seller. Depending on the wording of the lease, if it disallows "unreasonably withholding permission" they you may have an appeal against them if they do. However that appeal isn't guaranteed eg if they can argue allergies with other residents, or damage to the property, or something else. 

If you insist on permission, you would want the freeholder to sign something saying they'll permit x size / y number of cats if you become leaseholder. You could even ask the current leaseholder to apply for permission now, and only exchange once granted (provided the letter from the freeholder holds for the lease, and doesn't terminate upon change of leaseholder. You may need to pay a fee for this, and be willing to walk away if the seller / freeholder refuse. 

TripleH

Two points:

1. Have you seen any other animals around when you've viewed the property?

2. Could you not ask the current flat owner to ask for permission for 'their cat' assuming they don't have one? If they have permission then it becomes harder to refuse you permission.

Where we have asked for permission for our cats, we have done so before we exchanged and it has never been a problem. Ours are all indoor.

youth_leader

I hope you are allowed to have your cat there, and if you are, do be careful of how you dispose of used cat litter.  Last year a poster on here mentioned a flat resident wasn't bagging it correctly for the 'communal bin', residents complained.