No pet covenant On leasehold house

Lizziehogan

We have a leasehold three bed house with rear garden, & a  with a 10% share of the  freehold ownership there are 10 houses within our courtyard we are run by a management company of which three of the neighbours are Directors the houses were built in 1997 and these directors have lived here since the houses were built ,there is a covenant on the properties ,it states not to keep any bird reptile a dog or other animal in the demise premises without previous consent of the management company, A few of the recent New owners of the properties would like to challenge this covenant ,we have approached the management agency and they have said no,

is there anything we can do to challenge this covenant as we are all houses of at least three bedrooms with gardens, and feel but this covenant is now very out of date

Keep_pedalling

This really belongs on the housing board, where you are likely to get better results so I have asked for it to be moved. 

flaneurs_lobster

I can understand that you and other residents might want to keep a bird, reptile or dog.

But why do you feel the provisions of a covenant created in 1997 is "now very out of date"?

Are pets in 2025 somehow different to those available in 1997? 

Is it that people's perception of the nuisance that can be caused by neighbour's pets has changed in 30 years?  

YBR

Surely you just start by seeking consent for the pet(s) you would like?

MattMattMattUK

Lizziehogan said:

We have a leasehold three bed house with rear garden, & a  with a 10% share of the  freehold ownership there are 10 houses within our courtyard we are run by a management company of which three of the neighbours are Directors the houses were built in 1997 and these directors have lived here since the houses were built ,there is a covenant on the properties ,it states not to keep any bird reptile a dog or other animal in the demise premises without previous consent of the management company, A few of the recent New owners of the properties would like to challenge this covenant ,we have approached the management agency and they have said no,

is there anything we can do to challenge this covenant as we are all houses of at least three bedrooms with gardens, and feel but this covenant is now very out of date

I agree with others, I cannot see how you think it is "very out of date". The reality is it will be for the benefit of all homeowners, noise and smell mostly, as someone who has had to put up with neighbours dogs barking incessantly, or the smell in hot weather I fully agree.

With regard to challenging the covenant itself, no. You could attempt to take control of the management company if you have enough votes to do so, you would need five other properties to agree with you, then appoint yourself directors, take over all the duties of being a director and then grant yourselves consent. That is unless of course there is a clause that granting consent against a covenant requires a higher threshold, such as a supermajority, or unanimity, which a lot do.

newsgroupmonkey_

As a dog owner (and have had a number of other pets), I actually side with the Management on this.

Dogs (can) bark. Some dogs bark more than others. You can fuss and fight all you like to say that there are no bad dogs, just bad owners, but if one of the home owners decide to get a dog, they can't train it, and it starts barking enough to be irritating, but not enough to get a council injunction where do you go?

Cats poo in people's gardens unless they're house cats. And they don't poo in their own gardens.

Birds can screech and make noises.

So.... if you hate other people's pets and pet noises, then you would buy a house in a block like the OPs, knowing that pets will never be an issue.

sheramber

Why do you need to challenge the covenant?

Has permission been denied to someone?

flaneurs_lobster

sheramber said:

Why do you need to challenge the covenant?

Has permission been denied to someone?

OP says     

A few of the recent New owners of the properties would like to challenge this covenant ,we have approached the management agency and they have said no,

sheramber

flaneurs_lobster said:

sheramber said:

Why do you need to challenge the covenant?

Has permission been denied to someone?

OP says     

A few of the recent New owners of the properties would like to challenge this covenant ,we have approached the management agency and they have said no,

I read thart they have not agreed to remove that clause from the  covenant, not that they have refused getting a pet.

That is why I asked if anybody had been refused permission to get a pet.

Olinda99

I agree with this the Covenant says that you must get permission to have a pet not that you can't have a pet

theartfullodger

Section 12 of the 1950s Allotments Act abolished any such restrictions regarding chickens or rabbits.

Please don't take my word for it, look it up !

Bet the directors don't know 

Get a bunny