Leasehold flat- 'no cats' covenant; mgt. co. won't consent

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    Leasehold flat- 'no cats' covenant; mgt. co. won't consent

    Hi All,

    Hope someone out there can help me. I currently own a lease on an appartment. One of the covennants of leases is as follows:-

    A) Not to keep any animal on the property without the prior written consent of the Company or Management Company
    B) To comply with such directions as the company or the Management Company may from time to time issue regarding the kwwping of any animal on the property and to ensure that such animal shall not cause any nuisance or disturbance or foul any Common parts os Amenity areas.

    I have had two cats living with me for over a year. I forgot about this covenent as i signed the lease over three years ago. I recived a letter from my management complany telling me to remove the cats with imedaate effect. I wrote to them telling them that i had made a mistake and over looked consent being required.

    I recived a letter back from them stating that my permission was refused as the cats foul on the common areas. My cats are house cats and have never been outside in the common area.
    I live in a block of six appartment. I have a letter signed by each of my fellow residents stating that none of them have seen my cats outside or do they cause any nuisance or disturbance. This leter has been ignored and today i have received a letter from a solicitors telling me :-
    You are in breach of the above said covenant herein that you have on your property two cats for which permission has been refused. The cats have caused a nuisance and disturbance and fouled on Common parts.

    The letter tells me i am responsible for paying leagal costs which at pressent is 12.00 plus VAT. Is this correct? Am i responsible for the costs as the reason for permission being refused is based on a lie?

    I have seaked advice from lease-advice.org which informed me that the law presumes that consent should not be unreasonably witheld and if i feel their refusal is unreasonable i have the right to take action at the county court against them.

    I just need to know if legaly i have a case without having the cost of a solisitor at this stage.

    Anyhelp would be great

    #2
    Are you:
    a. a tenant (e.g. AST): or
    b. a long-leaseholder?

    Assuming the latter, you know that you are in breach of covenant. There is NO implication that consent cannot be withheld or delayed (which would be an implication re a covenant against assigning or altering). If L will not consent, the cats must go or you may think about moving.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      I am a lease holder. The reason that they have given for not giving permission is a lie.
      Is a reason not require for permission to be refused?

      I have been told today that as the management has continued to collect service charge that they have wavered ther right to enforce a breach of lease do you know if this is correct

      Thanks

      Comment


        #4
        Since the covenant is not qualified there is no need to give a reason for refusing consent.

        Whether a breach of covenant is waived by acceptance of rent after it comes to the landlord's notice depends upon whether the breach is a one-off breach (in which case it is waived) or a continuing breach (in which case it is not). Keeping a cat is a continuing breach and so is not waived.

        I think you have to sort this one out by an appeal to reason. In any event, what action is likely to be taken if no harm is being done?

        Comment


          #5
          Late response I know!

          OP, could you tell me what happened in your situation please as I'm in a very similar situation 4 years hence.

          Kind regards,

          Comment

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