No pet policy

gm0

A pity. Not easy at this point. A mistake has been made. Signing a legal agreement you don't wish to honour the terms of.  Little to be done.  Sell up move out and live somewhere else. Or......

People are suggesting non-compliance because that is what a lot of people just do. Unaware of and/or ignoring leases.  Happens a lot,  For a guide dog, or where a pet is small, quiet, not especially smelly and the householder cleans up - any nuisance is (mostly) minor.  And it will generate grumbles and perhaps some awkward conversations with "rules are rules" neighbours.  Eventually an occasional letter from the management company.

The dander allergic neighbour will be cross - they have a lease that says they WON'T encounter pets and the bits that fall off - in this building.  And mostly that will be true.  And they bought a flat and signed a legal agreement that said that was true and enforced by the freeholder.  The lease.  They have the right to expect the agreement to be folllowed.  You - by contrast - do not have the right to just wave it away and infringe that. 

The answer "no" from the man co i.e per the lease is what you would expect.  Pretty much nailed on.  Don't have discretion to just go Ok then.  What they do have is x other units to consider each with long leases that imply the freeholder will manage the rights/obligations - to the lease.  So no pets means. No pets. That is what the agent on behalf of the freehold interest is hired to do. Nor can they be redirected trivially to do anything else.

Yet the chances of more than a stiff letter from the ManCo for an unapproved pet i.e. actual court action to foreclose the lease for breach - confiscate the property - is very unlikely - being expensive and uncertain for the ManCo with legal action to be paid for via service charges - thousands of pounds to be shared out.  Which focuses the mind.  Courts are not minded to confiscate assets at first time of asking over minior breaches either.  People just promise to be good and another cycle of queuing up begins.  The person in breach can remedy it any time up until the very last minute. And not be foreclosed on.

Yet there are no sanctions between a stiff letter.  And court action for foreclosure.  This is to put it mildly something of a problem.  As when nuisance (of all kinds) running 24x7 logistics business in residential, leaving loud dogs alone all day, drug smells, noise - whatever it is - occurs and breaks a lease condition.  Neighbours are pretty impotent in getting anything done about it.  The lease conduct rules exist to provide clear guidance, provide an incentive, and yes - an ultimate sanction for the worst cases.  Mostly. The neighbours tell the agent.  The agent writes to the offending and selfish badly behaved leaseholder.  Nothing much changes. Everyone is cross.  Eventualy life happens and people move on.  The cycle starts again. New people arrive. Now Cannabis Ted has gone.  It's Jim doing the recycling wrong and it not getting collected or Sally's wayward parking which is the causus belli du jour.

Shaming and neighbour ostracisim are commonly deployed to the "problem" leaseholder. (Pet/parking/recycling/noise offender). To make them uncomfortable and ultimately fix the situation or move on. Which is free for the neighbours relative to the freehold agent hiring lawyers.  And in context. Not bullying.  The offense begins by signing legal deal A and expecting not to have to follow it.

As an allergy sufferer myself - I don't expect my 999 year lease for a "no pets" building  To be washed away by someone not reading it and wandering in.  I also expect that the ManCo will have to act consistently.  Granny's elderly silent terrier cannot be tolerated without sending the letter - if they are to have the power to chase Fred about his two large hounds left indoors alone in a flat barking all day while he goes to work. Fred will use inconsistent treatement in his defense.

With SoF a 2nd legal agreement is likely the way forward - where leases support the idea of "permission" from the freeholder via agent.

A share of freehold could have a responsible pet policy/contract drawn up where owners get contingent permission but are on the hook to clear up, clean or replace hall carpets professionally - not leave alone all day etc. etc. dog waste etc. Or pay fines for contractors to do so and legally agree to remove said animal to a short deadline - if permission revoked for nuisance and breach (Defined).  Responsible pet owner has no issue with it - poo bags on standby. The irresponsible won't sign. OK - no permission then given. Situation as now. No better. But no worse.

As SoF you could vote to change rules and leases to permit pets. Or the above suggestion. Or to ban them. 

But for practical purposes it is consensus - not majority that is needed. Whatever the SoF votes on to its rules (Ltd Company articles) which are often simple majority.  

Each individual lease has to agree to make a change to their legal agreement and sign an amended one.  So changing leases requires *everyone* in practice.

Fred has their pet. Or I still have my 999 years of pet free joy.  And can STILL ask the freeholder to enforce the terms as they are.  

Amending Sally's lease to allow a pet.  Doesn't remove the obligation to enforce no pets from a lease with Fred.  next door.  So nobody does that.  Fred doesn't have to sign a new lease unless he agrees.  No unilateral amendments.  A hold out pet owner can effectively block a new ban.  And a no pets enthusiast can also block the opposite change.  Same with Airbnb.  In practice leases are in the "too hard" bucket for most SoF.  It costs £1000 of legal support or so to change each one.  You have to REALLY need to do it.  Situations where terms are now problematic to get mortgages tend to generate consensus.  Pets, AirBNB use etc. tend not to achieve consensus.

Can't be more positive.  Bear the neighbour shaming (from some) and have the pet.  Move.  Tick 1.

GixerKate

Whereabouts are you in the buying process?  You mention you've bought a flat but your post reads as if you haven't moved in yet.  Have you Exchanged contracts or signed contracts in preparation for Exchange?

I'm making an assumption that the buying process is a bit new to you so I'm wondering if you have signed the documentation in preparation to exchange but maybe you haven't exchanged yet.  If this is the case you can withdraw from buying the property and find something that suits you and your dog a bit better.