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Sell the flat or kill the cat?

Does anyone know anything about Lease agreements for Leasehold properties?

I own a first floor flat in a house where the freeholders own the ground floor flat. So I pay ground rent and maintenance to my lovely neighbours below me who have complained about me since the day I moved in even though I lead the quietest life imaginable - just work, telly, sleep, work, telly, sleep etc. Their latest thing is to point out a clause in the Lease document that says I have to ask their permission to own a cat. I have a cat. Neither of us knew this was in the lease document previously. I just presumed my solicitor had checked the Lease document thoroughly and would have informed me of any wierd clauses like that. My neighbours have already complained about the "huge amount of noise the cat makes both day and night" so I doubt very much that they will agree to this and even if they do the Lease says they can "withdraw permission at any time". There are also other clauses iin the Lease which are now worrying me such as me having to get their approval on colour schemes when I decorate, having to clean my windows regularly etc.

I would really like to know is how much my neighbours - the freeholders to the building - can enforce the terms of the Lease document. Can they really force me to get rid of my cat? This is all giving me sleepless nights.
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Comments

  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    Many leases have this clause in, it's not unusual, and - I mean this kindly not rudely! - it is your responsibility to read the lease before you sign it. :)

    I ignored it and got two cats anyway, as I figured no-one was ever going to know. How do they know you have a cat?? Does it actually make lots of noise?

    They could enforce it, yes. But realistically - how much they are going to pursue it? Are they really going to rescind your lease because of that? It would have to go down a legal route before they got there, giving you plenty of time to sell up.

    (Does the cat go out? Ie, could they harm it??)

    Personally, I'd sell if push came to shove because I love cats and they would come first. But if you want to keep the flat and it goes down a legal route, then make sure you take the cat to a good rehoming place like the Blue Cross who will find her a good home. They won't charge you anything and they won't put her down, either.

    Having said all that, it sounds like your freeholders are going quite difficult in any situation, cat or no, so you might want to consider if this place is worth it. Imagine if you decorated your lounge in pink!

    (Give up now, get out. Make a profit. Rent. Get a cheaper house later in the year. And keep the cat. ;) )

    HTH
    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    I'de move away... you will never get any peace.

    People like this will be trouble until the end.
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • Keep the cat - kill the neighbours?

    Can't help, sorry, just don't like people who can't stop interfering and get on with their own lives.

    I'm sure someone knowledgable will be able to offer some advice, but did you not have a copy of the lease and clauses before buying?
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    Keep the cat - kill the neighbours?


    Oh, I like this idea better than mine.
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • fc123
    fc123 Posts: 6,573 Forumite
    SquatNow wrote: »
    I'de move away... you will never get any peace.

    People like this will be trouble until the end.


    People with too much time on their hands and unfulfilled lives = pain in the butt.
    Plus, the fact they don't like cats would stress me out a lot.
    And what is their problem if you choose to paint your lounge lime grn?

    Sell?????

    Sorry I cannot be more positive. I love cats.
  • I'de move away... you will never get any peace.
    People like this will be trouble until the end.
    Keep the cat - kill the neighbours?

    Can't help, sorry, just don't like people who can't stop interfering and get on with their own lives.

    here here!!
  • kit
    kit Posts: 1,678 Forumite
    Its generally quite standard to have a clause about pets in a lease (oh and the window cleaning one too) .... in the past I have ignored it and got pets because no one seems that bothered.

    To be honest if they are being that petty you are better off selling up and moving to a place with nicer neighbours. It seems like they will complain about anything.
    2012 wins approx £11,000 including 5k to spend on a holiday :j
  • I really wish I had read the lease! I just presumed my solicitor had and would have let me know if there was anything unusual about it. My neighbours are now reading every word in it and using it against me. They have also just charge me a 15% management fee which is in the lease but neither of us knew about it.

    Selling would be my last resort. I really like my flat and it would be hard to find somewhere I could afford in such a good location. And I have already released quite a bit of the equity so I could possibly sell at a loss in the current housing market. And these problems with my neighbours could make it difficult to sell at all. I am really interested in knowing whether I could challenge the lease at all.
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Tell them its not your cat, you just feed it and look after it. I've owned cats that have spent more time in my neighbours house than mine.

    Other than that check whether the lease has a clause about dogs. If not get one that barks at all hours, and maybe get a cockrel too.
  • get a gun.shoot them. feed them to the cat, that should keep everybody quiet x
    even god cant change the past-no matter how many times i cry
    for levi, leo, smudge and arfa:A my angels
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