The Challenge of Pets in Rental Properties
2 years ago | 18 comments
Pet clause in lease for a share of freehold property?
12:01 AM, 15th August 2024, 2 years ago
6
Hi, I bought a share of a freehold flat, there are two flats, and my co-freeholder lives downstairs. We both bought the flats at the same time but they moved in two months before us.
Our lease states the following about pets:
*No birds, dogs or other animals which may cause annoyance to any owner lessee or occupier of any other flat on the estate shall be kept in the flat.*
The person living downstairs has a dog and two cats. We briefly said to them that we thought pets were not allowed here but all they said was that they were not going to get rid of them. I didn’t want to cause a problem between us so just left it. I have a young daughter who is scared of dogs so she won’t go into the garden to play because of their dog.
Downstairs told me that they are selling their flat, if the lease allows people to have pets then we have to follow it but is there anything we could arrange with the potential new owner(s) with what we could do if they did cause a problem. If they were a pet owner they would not likely get rid of their pet(s).
Any advice would be appreciated.
Thanks,
A
Tags:
Freehold Lease, Freehold Ownership and Pets, Freehold Property Lease, Freehold Property Regulations, Lease Agreement Guidelines, Lease Agreement Pets, Lease Terms Pets, Managing Pets in Lease, Pet Clause, Pet Policies Freehold, Pet Restrictions Lease, Property Lease Rules, Property Management Pets, Share of Freehold Issues, Share of Freehold Property
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Member Since August 2016 - Comments: 508
10:21 AM, 15th August 2024, About 2 years ago
It’s a waffly clause. ‘No [pets]’ but then qualified.
Member Since February 2018 - Comments: 627
10:24 AM, 15th August 2024, About 2 years ago
The ‘may cause annoyance’ condition is rendered virtually unenforceable, our covenant us absolute but even then we have encountered not legitimate assistance dogs, which are okay, but supposed ‘support dogs’ required for ’emotional support, all spurious.
Member Since October 2022 - Comments: 402
10:31 AM, 15th August 2024, About 2 years ago
As both flats share the freehold in addition to also being lessees under your leases then suggest you get legal advice before the new leaseholders agree the purchase of the lease.
If lease specifically qualifies the term ‘pets’ then that’s what it means and not permitted under the lease as a legally binding contract
Member Since January 2015 - Comments: 1431 - Articles: 1
10:57 AM, 15th August 2024, About 2 years ago
Why not offer to purchase his share of the freehold.
Interesting the clause is without “cause a nuisance” and “permission will not reasonably be withheld”, but it is then a legally binding T&C of the Lease, BUT, whether enforceable in a court of law is a moot point, UNLESS there are grounds ie dogs a fouling in the garden and the owner is not clearing it up (health hazard); are they creating a lot of ‘unreasonable’ barking (annoyance).
I would contact the selling agent and explain that the Lease to the property expressly excludes pets in your capacity as a joint freeholder.
Member Since February 2016 - Comments: 1
11:23 AM, 15th August 2024, About 2 years ago
Our son has just bought a shared freehold 1930s ex-local authority flat in London, with exactly the same term. When the freehold was transferred under Right to Buy in the 80s, many terms designed to keep local authority leaseholders in check were just carried over. Legally, the two leaseholders may keep pets, as long as they don’t cause a nuisance. However, as the two leaseholders are also joint freeholders, the freeholder would need to enforce the term against himself! The term is therefore going to be removed, along with a no sublet term, at the same time as the lease is extended.
Member Since January 2020 - Comments: 559
11:24 AM, 15th August 2024, About 2 years ago
As Blodwyn says, poorly drafted.
Does it mean “no dogs” or does it mean “no dogs which may cause a nuisance”.
I suggest you formally flag it with the occupier as they will then need to declare it when selling.