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Jun, 2017

Tuesday

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  1. #1

    Default Can a LL refuse to allow for me to have a pet? See my clause in msg

    Hello,
    I am about to sell my ground floor flat in a Victorian conversion to someone who has a dog. She's very interested because there is a garden so the pet clause in the Lease is a big deal for her. It says the following:
    "Not to keep... dog.. without the previous consent in writting from the Lessor"

    Screen Shot 2017-06-14 at 15.56.38.jpg


    I will ask my FH but I am not in good terms with him. What if he says no? Can I go to the FTT and ask them to revoke it because he has no reason to say no and it would be unreasonable?

    Or is it a given right of the FH and there is nothing I ca do about it. Would it be legal for him to give it to me in exchagne for money?

    Lastly, how enforceable is this clause in reality?

    Thanks for your opinions!!

    Hattie

  2. #2
    Join Date
    Aug 2008
    Posts
    5,350

    Default

    There are dogs and dogs . If the flat above has a young baby , they don't want a rottwieller wandereing around the building.

    The FH/ MA has to consider any complaints from other tenants in the building.

  3. #3
    Join Date
    Sep 2012
    Location
    UK
    Posts
    417

    Default

    I read somewhere that the Office of Fair Trading considers a blanket ban on keeping pets in a property to be unfair under the Unfair Terms in Consumer Contracts Regulations.

    However, you have no blanket ban. You, or your successor, need prior consent. Nobody is denying you anything yet.

    You don't own the dog to apply for consent to keep it. So I cannot see the logic of you trying to get a tribunal to give you a remedy against something that has not yet been withheld and even if it is withheld from you, you don't own the animal to have suffered by the withholding of consent to keep a pet you don't have, and as said there are dogs and dogs and therefore horses for courses as to possible withholding reasons.

    The cost of tribunal in such circumstances would in my opinion be silly.

    Tell the buyer they will need to apply for consent (which they can't do until they own the leasehold). Explain that you cannot apply for them. You can't be expected to work magic. This is leasehold, after all.

    I suppose you could be considering buying a dog of the same breed, age and temperament as the buyer's dog and fly that kite with the landlord. But if you are knocked back, you open a can of worms you don't need when selling your flat. And I'm fairly sure the consent would not carry over with the assignment but would perhaps give the buyer a convoluted cause for grievance if their identical dog was subsequently withheld consent.

    But what is an identical dog? I wouldn't throw good money at this kind of matter in court. The judge might hate dogs.
    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

  4. #4
    Join Date
    Aug 2010
    Posts
    2,848

    Default

    Quote Originally Posted by Hattie21 View Post
    Hello,
    Can I go to the FTT and ask them to revoke it because he has no reason to say no and it would be unreasonable?
    Hattie
    The FTT can't arbitrarily vary contracts between lessors and lessees (or indeed any contractual obligations of the owed lessor to other lessees in terms uf upholding leases of other lessees). They can do so where clauses are grossly unworkable or uninterpretable -- not if they are just disadvantageous.

    The thing has nothing to do with you, but your buyer has a bit of a cheek if they think they can just breach agreements. No pets means no pets, and the "not unreasonably withheld" bit still means no pets.

    Dogs in flats can be a nightmare - our flat ended up being flea infested, there were hairs all over common carpeting, a dreadful smell, barking, urine smell in the garden, and a general nightmare for all other residents. People who think they can do this to other people are just plain horrible.

    Anyway I thought you had been successful in an appointment of a manager application to FTT? FTT may find it surprising to have you complain about breaches to the lease, and then to have you ask to facilitate a permanent breach.

  5. #5
    Join Date
    Nov 2008
    Posts
    3,205

    Default

    Its clear that FH consent is needed, although its not clear if YOU can apply for consent first ?, I'd say not as the FH has the right to weigh up the pros and cons, if it were me Id say no, there is no benefit to the FH or LHs to having a dog, only downsides as far as I can see.

    I dont think the FTT has any jurisdiction over this, I note there isnt a "not to be unreasonably withheld" clause.
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

  6. #6
    Join Date
    Sep 2013
    Location
    Tameside, UK
    Posts
    612

    Default

    The LL can not stop you keeping a pet, providing it is a hen or a rabbit due to a law of 1952.

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