Leaseholder / Freeholder Legal Advice Sought

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Leaseholder / Freeholder Legal Advice Sought

    Hello, I am a new member to the LandlordZone, so hopefully someone can provide me with some legal advice.

    I own a Leasehold flat which i rent to my tennant. The tennant has a dog which i do not object to. There have been no noise / nuisance complaints from the leaseholders or occupants of the other flats in the block.

    The Freeholder has written to me in quite an agressive tone saying that as the Lease states 'no pets without written consent', that I am in breach of my lease and if the dogs are not gone within a week, they will take further action.

    What action, in reality, is possible by the Freeholder and i do nothing, ie i dont ask the tennant to remove the dogs? Thanks

    #2
    The action the freeholder can take is to forfiet your lease, Make no mistake you dont want to be at the recieving end of such an action.

    The Freeholder is responsable for the quiet a safe environment of the development and the leaasors obligations of the lease which states no pets, A hamster wouldnt be an issue but dogs thats something else.

    The problem with dogs they need walking daily and they do make noise and need a lot of looking after, I like dogs but my mum is absolutly petrified of them so if my mum owned a flat in this development and was confrunted ba a dog this would be a problem and it could become a problem for the freeholder too.

    The freeholder is inbetween a rock and a hard place here, Risk problems if its left or cause problems for you and your tenant.
    You need to get rid of the dog or get consent from the freeholder ASAP

    If you try and get consent from the freeholder be very polite as you are asking a big favour and the freeholder will need gaurentees that its properly looked after and if any complaint for whatever reason is made the dog or both the dog and tenant will be removed ASAP and details how this will be done, Dont bluff if you state something and the freeholder still says no then you must act as stated.

    Dont leave it sort it one way or another remove the dog or get consent and keep the freeholder informed how thing pan out to prevent any forfieture actions.

    Comment


      #3
      What is the EXACT wording in the lease regarding pets ?, If you havnt got a copy visit the Land Registry site to buy one.

      Andy
      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.

      Comment


        #4
        I have this in my leasehold flat and to be frank, although there is a clear stipulation for no dogs, a fair few lessee's keep them. It's really on the understanding that it won't cause noise or disruption which, to date, hasn't been a problem.

        As andydd says, the exact wording will help to interpret whether the FH has a right to decide whether your tenant's dog is kept at the property or not. You / your conveyancing solicitor will have a copy, and so should your mortgage company (if you have a mortgage, of course).

        Comment


          #5
          Originally posted by Wolseley57 View Post
          The tenant has a dog which I do not object to.
          Which is your overriding mistake- your objection is irrelevant, you have a contract -the lease- that says you will not have pets unless with consent. You made an agreement with the tenant when you agreed with the landlord not to do so.

          You cannot rely on
          There have been no noise / nuisance complaints from the leaseholders or occupants of the other flats in the block.
          as you don't know who may have complained to the landlord, in confidence, and wants to avoid direct conflict with a neighbour and their tame Wolf , or despite your tenant seeming like nice person, is happy to let it roam outside doing what dogs do, while assuring you it is leashed.

          The subject of consent was considered recently and the decision related that as long as the landlord considered the issue of consent reasonably, it is likely to be upheld as a breach of the lease. While obtaining forfeiture is unlikely, it is likely to result is considerable legal costs and then an application to the court to order the removal, again at your cost.

          Your only hope is to discuss with the landlord why they object and see if you can reach a compromise or understand if issues arose, and otherwise, to challenge it however, the LVT and the courts seem to favour the landlords.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment


            #6
            Thanks for the responses.

            I havent had a chance to locate my deeds and determine what the actual text says re 'no pets'.

            I agree that what my tenant says re the dogs being on leads/not barking or fouling etc and what acually happens in the property may be different.

            I do suspect however, given previous history with the Freeholder, that this may be a method to generate extra income.

            If I apply to the Freeholder for permission, can he charge for approval and if so, is there any guidance about what may considered a reasonable charge?

            Comment


              #7
              Originally posted by Wolseley57 View Post
              Thanks for the responses.

              I havent had a chance to locate my deeds and determine what the actual text says re 'no pets'.

              I agree that what my tenant says re the dogs being on leads/not barking or fouling etc and what acually happens in the property may be different.

              I do suspect however, given previous history with the Freeholder, that this may be a method to generate extra income.

              If I apply to the Freeholder for permission, can he charge for approval and if so, is there any guidance about what may considered a reasonable charge?
              Yes there are controls on reasonable fees which can be determined by the LVT where there is a dispute.
              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

              Comment


                #8
                Originally posted by Wolseley57 View Post
                Thanks for the responses.

                I havent had a chance to locate my deeds and determine what the actual text says re 'no pets'.

                I agree that what my tenant says re the dogs being on leads/not barking or fouling etc and what acually happens in the property may be different.

                I do suspect however, given previous history with the Freeholder, that this may be a method to generate extra income.

                If I apply to the Freeholder for permission, can he charge for approval and if so, is there any guidance about what may considered a reasonable charge?
                Hereya go..this is the page you need, > http://www.landregistry.gov.uk/publi...pyies-of-deeds although as mentioned, others such as your conveyancer/solicitor may have a copy and no doubt the freeholder does which he must supply as evidence as part of a court claim but it would prob be too late at that stage.
                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.

                Comment

                Latest Activity

                Collapse

                • Share of feehold/shared service charges?
                  by Stu1020
                  Hi there,

                  I'm new to the forum and looking for advice on a sticky freehold situation.

                  I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
                  20-05-2022, 11:39 AM
                • Reply to Share of feehold/shared service charges?
                  by Gordon999
                  Since your flat has 2 bedrooms and other flats have one bedroom, you should keep the existing 38:31:31 split as fair contribution to the annual service charge account.

                  For lease extension, the cost is mainly solicitors charges plus registration charge at Land Registry and Mortgage Lender.(...
                  28-05-2022, 10:48 AM
                • Reply to Building works & S20 process
                  by Gordon999
                  The S20 consultation with leaseholders is required for any planned works which exceed £250 cost per flat.

                  If any planned works are quoted below £1000, you could place the order on the supplier with lowest quote. .

                  If the freeholder is self- managing the building maintenance,...
                  28-05-2022, 09:56 AM
                • Building works & S20 process
                  by RichA
                  Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

                  The block needs some maintenance...
                  21-05-2022, 17:20 PM
                • Reply to Share of feehold/shared service charges?
                  by sgclacy
                  You appear to have bought into the flat knowing at the time your share is 38% and having owned the flat feel that this is unjust.

                  Did you raise any concerns questions at the time of purchase that in a three flat split you would be paying more than 33.33% . Could it be argued that the unfairness...
                  28-05-2022, 09:04 AM
                • Reply to Share of feehold/shared service charges?
                  by eagle2
                  The cost of extending a lease is not a service charge expense so there is no reason to allocate it on the 38/31/31 basis, your offer to split those costs equally seems to be reasonable. It is up to the freeholder to decide what is fair and reasonable for the service charges and it is up to the other...
                  28-05-2022, 05:29 AM
                • Reply to Old managing agents accounts
                  by eagle2
                  Unless the handover took place at the end of the financial year, it is the RTM's responsibility to produce the annual accounts. You could try making a formal complaint against the agent to supply copies of all supporting documents, it should belong to a redress scheme. The difficulty is that the agent...
                  28-05-2022, 05:05 AM
                • Old managing agents accounts
                  by jazzythumper
                  Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
                  20-05-2022, 11:21 AM
                • Reply to Freehold confusion
                  by CStevens
                  davetg,

                  The property should be registered so the land registry should hold a copy of the leases. You would need to look at the leases to see who is responsible for what but normally in a maisonette situation the freeholder would insure and maintain the structure, foundation and roof with...
                  27-05-2022, 21:58 PM
                • Freehold confusion
                  by davetg
                  30 years ago I bought a flat from a friend. The freehold at the time was registered to my friend and the lady who owned the other flat. I understood at the time that I would replace the friend on the freehold but this never happened. This was not a problem until now as when work on the structure of...
                  24-05-2022, 14:29 PM
                Working...
                X