Pet clause in deeds..... Help

Chudo

First post here today, me and my partner have finally found a flat (leasehold) to buy, and everything is going to plan.
The only concern we both have is that the deeds say there is a no pet clause which says no birds, reptiles dogs or other animals
Just to put things into context it's in a purpose built block, 2 bed, ground floor with a comm garden and patio and is quite spacious for myself, partner and 2 month old daughter. Just to add the owner has actully said she would like to meet us.

We know that the current owner seems to have a good understanding of what we want from moving in i.e raising a family and as many people do the cats are a important part of that.
I know that you can have a deed avariation which we are quite happy to do.
I mean the cats them self barley go out and are prodominatly house cats and very well trained, we have had no problems or complaints from current neighbours or landlords. In fact we have had nothing but compliments.
Should we be worried? our solicitor doesn't seem majorly concerned and we are happy to pay that fee to change the deed.
I really can't see after this far in the process why we would be denied?
Has anyone else had this issue I believe its quite common but how did you deal with it and what were your experiences?

Thanks 😊

Martin_the_Unjust

How many cats?

Chudo

Martin_the_Unjust said:

How many cats?

Just 2 little puddy cats

fewcloudy

Chudo said:

Should we be worried?... I really can't see after this far in the process why we would be denied?

Hi Chudo.

I can see a reason why you might be denied. The deeds say no pets, but you have pets.

Hopefully there will be a way around it as you say, but the starting point is that the deeds say no pets and you have pets.

I'd expect and prepare to be disappointed if I were you, and any better result will be a nice surprise.

comeandgo

You can’t pay a fee and change the deeds.  No pets is no pets.  

elsien

It’s not up to the person selling the flat unless they are the freeholder as the freeholder would need to agree. Otherwise you risk moving in, someone complaining, and the freeholder taking enforcement action against you.
You may feel your pets are no trouble at all, but the freeholder may not wish to set a precedent so other people then start asking to bring their dogs in, for example.

I suggest you go back to your solicitor and ask about the worst case scenario. 

eddddy

Has the freeholder indicated that they would agree to a deed of variation?

Usually, leases are constructed in a way that the freeholder can't remove a covenant (i.e. a restriction) from a lease, even if they want to.

Chudo

We are waiting in that info from our solicitor, the current owner had something changed on the deed so it has been changed over the years.

Just a pain you find this out so far into the process

SavingPennies_2

Check the exact wording, sometimes you are able to pay a fee/ request permission for pets. I had a cat (albeit older and completely indoor) in a leashold flat with no issues, as did other residents. Of course you could risk it as many people do, but if they cats are out in a shared garden it would be very easy for someone else in the block to complain, especially if they toilet outside.

Chudo

SavingPennies_2 said:

Check the exact wording, sometimes you are able to pay a fee/ request permission for pets. I had a cat (albeit older and completely indoor) in a leashold flat with no issues, as did other residents. Of course you could risk it as many people do, but if they cats are out in a shared garden it would be very easy for someone else in the block to complain, especially if they toilet outside.

Yes that it's the mindset I'm taking, deeds can be changed and the history of the flat tells us that.

eddddy

Chudo said:

We are waiting in that info from our solicitor, the current owner had something changed on the deed so it has been changed over the years.

Are you sure about that? What did they have changed?

Are you sure it was a deed of variation - which changes the terms of the lease?

Or was it just consent to do something (like make alterations to the flat) - because the lease said they needed consent?


Who has suggested to you that a deed of variation is possible?