No pet clause in share of freehold

canaldumidi

user1977 said:

FataVerde said:

user1977 said:

If it's just your neighbour you need to worry about, you're probably safe enough to get their informal agreement that they're happy with you having a cat. There might be the risk of a future neighbour having a different opinion, but how objectionable would your cat have to be before somebody goes to the trouble and expense of enforcing the clause? If they really dislike your cat that much, you're probably going to have problems with them whatever the lease says!

So if the co-freeholder objected, they'd have to take me to court to enforce the law? 

Yes, of course. They can't just kick your door in and remove your cat.

Is it just the kiicking the door in part that they can't do? Can they grab the cat while it's outside doing whatever cats do?

user1977

canaldumidi said:

user1977 said:

FataVerde said:

user1977 said:

If it's just your neighbour you need to worry about, you're probably safe enough to get their informal agreement that they're happy with you having a cat. There might be the risk of a future neighbour having a different opinion, but how objectionable would your cat have to be before somebody goes to the trouble and expense of enforcing the clause? If they really dislike your cat that much, you're probably going to have problems with them whatever the lease says!

So if the co-freeholder objected, they'd have to take me to court to enforce the law? 

Yes, of course. They can't just kick your door in and remove your cat.

Is it just the kiicking the door in part that they can't do? Can they grab the cat while it's outside doing whatever cats do?

I'll assume you're joking, but just in case - no, of course not.

FataVerde

lookstraightahead said:

It's a very common clause. I don't think you will be able to remove it easily, and therefore is probably a deal breaker. It happens a lot where you share the freehold.

I think all the flats I lived in in the past had this clause of no pets, and also no drying laundry outside (as it affects the way the building looks). I also had a clause (when I rented but it was for all owners as well) of not playing musical instruments after 10pm.

if you want 'rights' you're probably best to find a place where you are the only freeholder. 

 I'm ok with clauses about the appearance of the garden (esp since they are shared where I am buying) or playing instruments late at night. With pets I think the perception is shifting. Half the houses I viewed had cats in them or dogs so it might even be hard to sell with this clause down the line.

FataVerde

canaldumidi said:

Well when you knock on the neighbour's door for a chat (you are going to do that anyway, yes?), remember to ask their views on cats!.

I explained above that I did know and the neighbour did not want to talk to me. Then the owner got upset 'I showed up announced' according to the EA. I told her it's fairly common to try to meet your neighbour and asked that the seller introduces us informally, but they said it's premature and they would only do it after exchange. So lots of red flags or a lot of laziness. 

FataVerde

bouicca21 said:

Just knock on the neighbour’s door (perhaps with cake in case you get invited in),  introduce yourself and ask how they feel about cats.

All the flats in my block are allowed one pet.  One has two but they are indoor cats so no one is going to complain.  An outdoor cat pooping in the garden and deterring the birds would seriously !!!!!! me off, but I’d probably seethe rather than complain.  If the neighbour wants to attract birds they may well object to a cat.

PS we also have a no washing to be hung out clause, and we are not allowed to be immoral …

I did knock on their door and the neighbour didn't want to talk and closed the door lol I can't be immoral either Yes, my cat might deter the birds, not sure what she's up too, but I'd be happy to hang a bell to her collar. I never minded other people's cats in my garden before even having a cat. I only really mind noise at night/early morning (barking etc)

Murphybear

We bought a bungalow a few years ago and weren’t allowed to keep pigs anywhere on the property 

Spendless

What happens if the current neighbour says they don't mind the cat and then later sells their property and the new owner does mind cats? That might be something to take into account. 

AskAsk

Murphybear said:

We bought a bungalow a few years ago and weren’t allowed to keep pigs anywhere on the property 

our deed doesn't allow us to keep chickens.  doesn't prohibits other animals so we would be fine to keep pigs.  there must have a problem with people having chickens around here, lol 

FataVerde

canaldumidi said:

user1977 said:

FataVerde said:

user1977 said:

If it's just your neighbour you need to worry about, you're probably safe enough to get their informal agreement that they're happy with you having a cat. There might be the risk of a future neighbour having a different opinion, but how objectionable would your cat have to be before somebody goes to the trouble and expense of enforcing the clause? If they really dislike your cat that much, you're probably going to have problems with them whatever the lease says!

So if the co-freeholder objected, they'd have to take me to court to enforce the law? 

Yes, of course. They can't just kick your door in and remove your cat.

Is it just the kiicking the door in part that they can't do? Can they grab the cat while it's outside doing whatever cats do?

I dare them to catch my kitty. She's so skittish even I can't coax her sometimes

eddddy

In general, the way a freeholder would enforce a lease term is:

• The freeholder would write to you saying that by keeping the cat you are in breach of your lease, and threatening to forfeit your lease (i.e. repossess your flat). And you'd be charged fees for the letter.

• The freeholder would instruct their solicitor to write to you - again threatening forfeiture of the lease. And you'd be charged solicitor's fees.

• The freeholder would probably contact your mortgage lender - who would start to get very worried about the risk of your lease being forfeited. So they would start hassling you.

• The freeholder would then make an application to the tribunal to forfeit your lease.

But since you would be a joint freeholder, all the above would usually need your agreement. And I doubt you would give your agreement. (Unless there is a clause in the lease which says what happens when the joint freeholders can't agree on something - like perhaps it has to be decided by an independent 3rd party.)


But the downside is... if your neighbour decided to breach the lease in a way that annoyed you, you would have equal difficulty enforcing the lease.