Dog in leasehold flat - freeholder permission

splenetic

Hi all,

We bought a leasehold flat a while ago, and a recent somewhat unhappy event has prompted us to look into getting a small dog. I know that this leasehold/flat/pet scenario is controversial and fraught with all sorts of pitfalls, but I would still like to give it a go.

Our lease agreement is pretty standard from what I understand: all pets require prior consent from the freeholder. No “shall not be unreasonably withheld” clause. So I kind of know that if the FH says no, that’s pretty much it. One can appeal, but the chances of that succeeding would be minimal.

We wrote a nice formal registered letter, quoting the applicable covenants in the LH agreement, giving details on the dog we intend to keep and assurances that we will of course take all care not to cause any nuisance for the neighbours or damage in communal areas, not to leave the dog alone, etc, etc. This is a ground floor flat with the sole use of a private garden (albeit a small one).

My first question would be: what if the FH does not respond at all? Based on experience, that is a very distinct possibility. They’re a large housing company and at least in our experience, their track record responding to client requests is abysmal. I have heard that for certain other permissions such as for alterations, there is precedent that consent can be assumed in the absence of a response. Is there something similar in this scenario?

If so, would I have to make additional efforts, e. g. write a follow-up letter or ring them before playing that card? How long should one reasonably wait for a response?

If not, what might be the best approach to get them to respond?

Many thanks!

eddddy

splenetic said:

No “shall not be unreasonably withheld” clause. 

That doesn't matter - the law (Landlord and Tenant Act 1927 section 19) says that consent cannot be unreasonably withheld.

splenetic said:

My first question would be: what if the FH does not respond at all? 

If the freeholder doesn't respond, that's the same as unreasonably withholding consent.

splenetic said:

I have heard that for certain other permissions such as for alterations, there is precedent that consent can be assumed in the absence of a response. 

If the freeholder doesn't respond, it's unreasonably withholding consent - so I guess you'd need to challenge the withholding of consent at a tribunal.

Hopefully, even a 'bad' freeholder would get their act together if you threatened them with a tribunal case.

splenetic said:

How long should one reasonably wait for a response?

The law doesn't say. I guess it depends on how much work they need to do to give consent. But probably a few weeks at most.

another_casualty

What kind of flat is it ? How close are you to the neighbours ? Would a barking dog annoy them? Have any other leaseholders  got a dog? Do you get on well enough with other leaseholders? 

Have you thought about a cat instead? 

Just a few thoughts 🤔

In the meantime, I’d suggest being patient and not upset the freeholders/ managing agents etc 

GDB2222

The thing is that it may be perfectly reasonable to withhold permission for a potentially noisy animal. 

The starting point is whether there are other dogs in the block.

splenetic

Many thanks eddddy, that is very helpful! I'll definitely be looking into that route, although I would obviously want to keep any legal options until very last. Cheers!

splenetic

Hi another_casualty, thanks for your response. It’s a one-bed (spacious, but I know that’s not exactly in our favour) in a block of 6. Ground floor, has a private garden. Relations with the neighbours are amicable and friendly, pretty much live and let live. My best guess is that an occasional bark would be tolerated without problems, and I would not put up with more than that myself. Sound insulation is fairly good.

I know of only one other pet on the entire premises, that’s a cat (there’s other blocks like ours nearby, under the same management). No other dogs as far as I can tell (doesn’t bode well, I know).

I guess we would eventually settle for a cat, though we do very much look for that kind of companionship that only comes with a dog. Many thanks!

splenetic

Thanks for your response GDB2222. That is my fear as well, and we are trying to be realistic about it while still exhausting all possibilities.

GDB2222

splenetic said:

Thanks for your response GDB2222. That is my fear as well, and twe are trying to be realistic about it while still exhausting all possibilities.

If you have some health issues that mean you need a dog for support, that’s a point in your favour. It would be worth telling the freeholders before they make a decision. 

splenetic

If you have some health issues that mean you need a dog for support, that’s a point in your favour. It would be worth telling the freeholders before they make a decision. 

Such issues are one of the reasons we would like a dog, but they are (fortunately) not serious enough to actually require a support/guide dog, so it may be difficult to make that argument. Cheers!

CurlySue2017

another_casualty said:

Have you thought about a cat instead? 

We live in a flat and have a dog (with full permission and we have been there quite a while) and it works for us - she is toileted off the immediate premises but we play in the communal garden when the weather is nice, although she is always on a lead not roaming free.  She has met all the neighbours and they are all fine with her, in fact they always want to treat her whenever we see them - which is not good for her waistline

On the other hand some neighbours have cats and they toilet all around the communal garden so in the summer, the smell gets pretty bad.  They also dig up plants and things which is very annoying.

I think it's just a case of being respectful of the neighbours.  Most people wouldn't have an isue with an odd bark when someone knocks the door for example, but that's completely different to regular barking. 

IMO the fact that you are asking the question is a plus point - you are clearly considering the neighbours which is a good thing.  A lot of people would just go ahead without a second thought

Good luck

canaldumidi

If I was one of the other leaseholders in your block, then one of the factors that I would have considered when buying would have been the 'no pets' clause.

If another leaseholder got a dog, I would be writing to the freeholder to complain.

But that's just me - your fellow leaseholders are, you say, "amicable and friendly, pretty much live and let live".