Discussion
Looking at a flat to buy where my dog will stay 1-2 nights a week .
Sounds like the lease doesn't prohibit pets so I thought I'd just have a quick call with the managing agent.
They called one of the directors of the building who said no on the basis there had been previous issues.
I'm not sure the director can overall the current lease?
I also do appreciate Pets need to not be a nuisance.
Sounds like the lease doesn't prohibit pets so I thought I'd just have a quick call with the managing agent.
They called one of the directors of the building who said no on the basis there had been previous issues.
I'm not sure the director can overall the current lease?
I also do appreciate Pets need to not be a nuisance.
Your mistake was asking. If the lease (and any rules it refers to) doesn’t ban it then you have something to refer to if it is queried after you have moved in.
You may still get away with it but asking in advance and getting a negative answer muddies the water, even if it isn’t in the lease.
You may still get away with it but asking in advance and getting a negative answer muddies the water, even if it isn’t in the lease.
Steve H said:
Your mistake was asking. If the lease (and any rules it refers to) doesn’t ban it then you have something to refer to if it is queried after you have moved in.
You may still get away with it but asking in advance and getting a negative answer muddies the water, even if it isn’t in the lease.
Thanks for your reply Steve. You may still get away with it but asking in advance and getting a negative answer muddies the water, even if it isn’t in the lease.
The flat would be bought in my daughter's name so that might muddy it back the other way if that makes sense.
The managing agent claimed they didn't hold a copy of the lease which I find hard to believe, so I'm guessing the director told them to stall it .
Let's see, a solicitor can advise on the lease in the event we go for it .
Thanks again
You have to look at the difference between the legal position and the practical reality.
It’s unlikely that the managing agent can (irrespective of the job title they give their staff) override the legal provisions of the lease (unless there are some other provisions that allow them to do so).
However, if the building as a whole is (and wants to remain) dog free, it’d be potentially become very awkward very quickly to be the sole person insisting that they’re in the right about having one.
I’d be addressing it more along the lines of wanting to understand the basis for the “director”’s views on the matter given there’s no prohibition in the lease. Remember that, in theory at least, the management company works for the residents.
It’s unlikely that the managing agent can (irrespective of the job title they give their staff) override the legal provisions of the lease (unless there are some other provisions that allow them to do so).
However, if the building as a whole is (and wants to remain) dog free, it’d be potentially become very awkward very quickly to be the sole person insisting that they’re in the right about having one.
I’d be addressing it more along the lines of wanting to understand the basis for the “director”’s views on the matter given there’s no prohibition in the lease. Remember that, in theory at least, the management company works for the residents.
LooneyTunes said:
You have to look at the difference between the legal position and the practical reality.
It’s unlikely that the managing agent can (irrespective of the job title they give their staff) override the legal provisions of the lease (unless there are some other provisions that allow them to do so).
However, if the building as a whole is (and wants to remain) dog free, it’d be potentially become very awkward very quickly to be the sole person insisting that they’re in the right about having one.
I’d be addressing it more along the lines of wanting to understand the basis for the “director”’s views on the matter given there’s no prohibition in the lease. Remember that, in theory at least, the management company works for the residents.
Point taken. It’s unlikely that the managing agent can (irrespective of the job title they give their staff) override the legal provisions of the lease (unless there are some other provisions that allow them to do so).
However, if the building as a whole is (and wants to remain) dog free, it’d be potentially become very awkward very quickly to be the sole person insisting that they’re in the right about having one.
I’d be addressing it more along the lines of wanting to understand the basis for the “director”’s views on the matter given there’s no prohibition in the lease. Remember that, in theory at least, the management company works for the residents.
I don't want to cause an almighty rift amongst residents and much awkwardness just really wanted to know if the director can stomp his feet and say no regardless of what the lease states.
A direct approach might be worth considering so thanks.
I assume the 'director' is just one of the residents representing the LTD that holds the free hold and engages the managing agents?
If the case and the lease itself makes no specific mention re dogs then technically you can have your dog there.
I'm sure they will have had issues with dogs in the past because a very significant number of dog owners are stupid, friendless
s who need retraining via the application of batons to their soft tissues but alternatively, the resident director of the freehold could be lanyard collecting, clipboard frotting mentalist who also requires retraining via the liberal, repetitive but judicious application of a baton.
If the case and the lease itself makes no specific mention re dogs then technically you can have your dog there.
I'm sure they will have had issues with dogs in the past because a very significant number of dog owners are stupid, friendless
s who need retraining via the application of batons to their soft tissues but alternatively, the resident director of the freehold could be lanyard collecting, clipboard frotting mentalist who also requires retraining via the liberal, repetitive but judicious application of a baton. DonkeyApple said:
I assume the 'director' is just one of the residents representing the LTD that holds the free hold and engages the managing agents?
If the case and the lease itself makes no specific mention re dogs then technically you can have your dog there.
I'm sure they will have had issues with dogs in the past because a very significant number of dog owners are stupid, friendlesss who need retraining via the application of batons to their soft tissues but alternatively, the resident director of the freehold could be lanyard collecting, clipboard frotting mentalist who also requires retraining via the liberal, repetitive but judicious application of a baton.
Yup, he's merely an owner who lobbed up his free services as a Director. If the case and the lease itself makes no specific mention re dogs then technically you can have your dog there.
I'm sure they will have had issues with dogs in the past because a very significant number of dog owners are stupid, friendless
s who need retraining via the application of batons to their soft tissues but alternatively, the resident director of the freehold could be lanyard collecting, clipboard frotting mentalist who also requires retraining via the liberal, repetitive but judicious application of a baton. Esquire said:
Yup, he's merely an owner who lobbed up his free services as a Director.
It boils down to the lease and what that says rather than what the person representing the freehold may desire. To be fair to the chap, if the estate agent called one of us and asked whether we would like to run the risk of some tool with a badly trained dog moving into the building then I'm not sure any sane person would answer positively.
DonkeyApple said:
It a lease rather than a short term tenancy agreement.
It's part freehold . Quite telling that I got no lease sent over by the managing agent today who I suspect has been told to stall it by the Director.
I'm going to view and go from there as a pal of mine owns said flat .
I suspect it might not be for us but if it works then I'll engage with the solicitor and go from there .
Tks for the replies and help .
Cheers all
LooneyTunes said:
The current owner should have a copy of the lease? It is probably also available directly from the Land Registry online for a nominal fee (literally a couple of quid).
He says he doesn't have one to hand so tks i'll check with land registry if we look to proceed on a purchasesmokey mow said:
Thanks i ha seen that. It refers to those renting from a landlord rather than becoming an owner and wanting to have a pet.
Our situation would involve having a pet stay 2 nights a week and never full time.
Currently looking at other flats too.
Steve H said:
Your mistake was asking. If the lease (and any rules it refers to) doesn’t ban it then you have something to refer to if it is queried after you have moved in.
You may still get away with it but asking in advance and getting a negative answer muddies the water, even if it isn’t in the lease.
This.You may still get away with it but asking in advance and getting a negative answer muddies the water, even if it isn’t in the lease.
I'm a director in the same setup, except our lease DOES forbid dogs.
However, move in, bring it with, and there is absolutely nothing we can do. It's way too complicated to pursue, and what can we really do? take possession of the flat? no judge is ever going to agree.
And here is the kicker, the other director.. has a dog. As do several other flat owners.
Just don't take a barkey one and ruin your neighbours' lives.
Someone I know wanted to buy, and have 2 or 3 clients visit a week, and they declared it. Refused (running a business). If they'd kept quiet nothing would have been done and they'd have got the flat. (the mngmt co can absolutely block purchases - we hold all the cards at both purchase, and sale time, but none in the middle....)
Griffith4ever said:
This.
I'm a director in the same setup, except our lease DOES forbid dogs.
However, move in, bring it with, and there is absolutely nothing we can do. It's way too complicated to pursue, and what can we really do? take possession of the flat? no judge is ever going to agree.
And here is the kicker, the other director.. has a dog. As do several other flat owners.
Just don't take a barkey one and ruin your neighbours' lives.
Someone I know wanted to buy, and have 2 or 3 clients visit a week, and they declared it. Refused (running a business). If they'd kept quiet nothing would have been done and they'd have got the flat. (the mngmt co can absolutely block purchases - we hold all the cards at both purchase, and sale time, but none in the middle....)
This is a very interesting post. I'm a director in the same setup, except our lease DOES forbid dogs.
However, move in, bring it with, and there is absolutely nothing we can do. It's way too complicated to pursue, and what can we really do? take possession of the flat? no judge is ever going to agree.
And here is the kicker, the other director.. has a dog. As do several other flat owners.
Just don't take a barkey one and ruin your neighbours' lives.
Someone I know wanted to buy, and have 2 or 3 clients visit a week, and they declared it. Refused (running a business). If they'd kept quiet nothing would have been done and they'd have got the flat. (the mngmt co can absolutely block purchases - we hold all the cards at both purchase, and sale time, but none in the middle....)
We viewed another flat where the lease forbids pets although we didnt know that at the time.
Once we said we owned a dog and would need the dog to stay 2 nights a week even the agent told us don't bother as it would cause nothing but grief and they could revoke our lease.
They state that you can have a dog visit but no overnight stays. I know of people that have visited with dogs and get pulled up by other owners. They then have to state they are merely visiting.
Having read some blurb recently on this i dont want to end up in a nasty legal situation as thhe block is part freehold so the lot would turn against me.
Edited by Esquire on Saturday 7th December 19:42
If there is come upcoming changes where i can challenge this then i'm all ears.
I do get that nuisence pets are an issue however, but ours will be 2 nights per week.
My concern is that all the other owners are part freeholders and will no doubt bear down on us.
Edited by Esquire on Saturday 7th December 19:46
Esquire said:
....
I do get that nuisence pets are an issue however, but ours will be 2 nights per week.
My concern is that all the other owners are part freeholders and will no doubt bear down on us.
Being there 2 nights per week doesn't mean it won't be a nuisance.I do get that nuisence pets are an issue however, but ours will be 2 nights per week.
My concern is that all the other owners are part freeholders and will no doubt bear down on us.
Living in close proximity to others can often be hassle. Why go into something knowing the chances are elevated? Find a flat where dogs and pets are welcomed.
Also, if it's a friend of yours selling, why not ask them? Ask what hassles they've had before if the director chap believes there have been some?
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