Pet consent

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    #16
    The forum rules prevent us from considering specific agents and without the precise wording of the lease, it is difficult to answer. Usually there are rules and regulations to be observed and they may include or exclude pets. If the former, there is usually an escape clause stating that permission is subject to no disturbance or nuisance being caused to other residents. So the chances are that permission may be refused or withdrawn at any time,

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      #17
      {the agent} are pretty terrible to work with in my experience. We own a couple of properties where they manage the freehold. Rather than email suggest you just phone them? They have an office in London.

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        #18
        We should avoid reference to specific agents, If consent is required, it should be in writing, email would suffice. No harm in chasing by telephone as long as it is confirmed subsequently.

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          #19
          Originally posted by Dan_Manchester View Post
          {the agent} are pretty terrible to work with in my experience. We own a couple of properties where they manage the freehold. Rather than email suggest you just phone them? They have an office in London.
          This company was identified as a "ground rent grazer" in Parliament during speech on Commonhold legislation around early Feb 2002, by Barry Gardiner MP (Brent North). Many years ago, leases included a clause which stated "ground rent is due whether demanded or not". So some leaseholders found they were having to pay hundreds of pounds in recovery charges to unscrupulous agents for falling into arrears of ground rent of only a few pounds. So better to avoid contact with this company.

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            #20
            The thread has been edited to remove the name of the managing agent, LLZ cannot support ‘naming and shaming’ it can be incredibly costly and LLZ are not in a position to verify the accuracy or truth of what is posted in these cases. I believe regular forum members are aware of this.
            I also post as Mars_Mug when not moderating

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              #21
              A sensible position and action taken respectfully. Just wanted to give an opinion.

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                #22
                Drawing the threads of the replies together it would appear the action you should take is as follows:-

                1) Complete on the purchase - you have exchanged and the consequences of not completing are very serious

                2) Do not move the cat into the flat until you have consent

                3) If it came to the attention of the freeholder before giving consent you would be in a very weak bargaining position. There are some freeholders who could make a great deal out of that breach

                4) If you feel aggrieved you may need to consider whether the restriction in the lease was drawn to your attention by your solicitor. Much depends on what instructions were given to your solicitor and whether you were shown the lease and asked to consider the restrictions before signing

                The terms of the lease about the restriction on pets may be seen as an advantage to other leaseholders/purchasers, and they may have bought their properties influenced by that clause. They would feel justifiably annoyed if because someone failed to consider the lease prior to exchange that the clause should be waived to accommodate poor due diligence

                At present there is lobbying from leaseholder groups wanting to see ground rents capped and reduced despite those terms being clearly set out in the lease I have quoted this before and I will repeat it

                The UK is widely perceived throughout the world as a country subject to a stable legal system and therefore, a safe place to do business. Any legislation which in effect tears up contracts which have been freely entered by willing buyers and sellers who had professional representation prior to entering into them will put the UK in the same category of the many foreign countries that cannot be trusted to provide a stable environment in which to do business. It is even more important for the UK now as we agree our new trade deals across the world.



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                  #23
                  The fact that the lease has the potential provision for a pet would suggest the decision depends on the type of pet/pets pet and its owner.

                  If a neighbor liked to feed the birds on a porch and it was a outdoor cat I can see good grounds for a no, if the neighbors don't like cats it could be a no, or maybe people are allergic to cats.

                  The answer will depend on how others feel about pets. We asked our community and they said yes to a cat but permission took a few weeks as people were consulted. I think that permission can also be retracted if there were a problem later, leasehold living and freehold living are different.

                  I would put all the circumstances forward, chances are they will say yes but it could be a no.

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                    #24
                    I have never given nor known for unconditional consent to be granted.

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                      #25
                      FYI I raised put a posting up recently relating to a similar covenant that had been included as part of the freehold transfer: https://forums.landlordzone.co.uk/fo...stricting-pets.

                      Apparently the Dogs and Domestic Animals Accommodation and Protection Bill aka 'Jasmine's Law' being proposed now has cross party support although it's unlikely to be enacted until 2022 at the earliest.

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                        #26
                        Someone has drawn my attention to the Consumer Rights Act 2015 and stated that a landlord cannot unreasonably refuse permission for a pet to be kept. Has anyone else come across this?

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                          #27
                          I requested permission for a house cat to the freeholders managing agent on behalf of a prospective tenant. Permission was given after 5 days provided it was a house cat and did not defecate outside. Perfectly reasonable, and she was a lovely tenant with a cute cat. No additional damage to the property and a professional clean carried out at the end of the tenancy paid for by the tenant.

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                            #28
                            Originally posted by eagle2 View Post
                            Someone has drawn my attention to the Consumer Rights Act 2015 and stated that a landlord cannot unreasonably refuse permission for a pet to be kept. Has anyone else come across this?
                            The constraints on terms in consumer contracts with landlords are not the same as those between freeholders and leaseholders.

                            There's nothing specific in the consumer rights act that says that a landlord has to allow pets, but that was part of some older Office of Fair Trading (now called something else) guidance about unfair terms in contracts.
                            The usual caveat is that such permission shouldn't be unreasonably withheld - but one reason it might be withheld reasonably is that a superior lease doesn't allow permission to be granted.

                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                              #29
                              Does the 2nd Schedule of the Consumer Rights Act 2015 cover unfair restrictive covenants under leases? Looking elsewhere, it has been suggested that a freeholder may be willing to waive a "no pets" clause if that can be obtained in writing or it may be possible to negotiate a deed of variation. .It is also suggested that a service or therapy animal is not regarded as a pet.

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                                #30
                                mydeposits is recommending that reasonable pet clauses are inserted within tenancy agreements and it seems a matter of time before no pets clauses within leases are considered unreasonable but meanwhile the recent case Victory Place Management Company Ltd v Kuehn & Anor [2018] EWHC 132 (Ch) (30 January 2018) suggests that courts will uphold the terms of the lease.

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