Cat-hating neighbour

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    Cat-hating neighbour

    Hi everyone,

    Just looking for some advice on a difficult situation. I am in the process of buying a new flat and found out that the lease states that you cannot bring a pet onto the premises without the consent of the lessor. In this case the lessor is the other flat owners in the building (it is share of freehold), and all of the four flats agree except one woman.

    I will loose a lot of money if I pull out of the deal now, but this woman seems quite determined and states that the decision has to be unanimous - so the fact that it is three against one is irrelevant. My solicitor says that the law is not that clear, and that if she decides to take me to court it could go either way.

    I consider my cat part of my familly, so my neighbor's suggestion to rehome her permanently is not something I will even think about. The flat I am buying is a garden flat and I never dreamed this could be a problem!

    Has anyone had any problem like this? Do you know what my legal position is? Any suggestions?

    Thanks,

    Jules

    #2
    I am not sure that it has to be unanimous. If the freehold were owned by a company formed by the lessees, its directors would take decisions by a majority; and that should be true here as well.
    Practical advice: get the two "in favour" people to confirm IN WRITING that they agree. The fourth one can huff and puff but she alone cannot take any action as freeholder- because she alone is not "the freeholder" but simply one of the four freeholders of the entirety.
    Last edited by jeffrey; 10-08-2007, 14:48 PM. Reason: Last bit added
    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).

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      #3
      Thanks

      Thanks for your advice. I will of course be very diplomatic and attempt to resolve this amicably, but it is reassuring to think that she may not be in as strong a postition as she thinks she is legally.

      Thanks again,
      Jules

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        #4
        jules,
        i sympathise with your feelings about your cat. if it were me, i would be afraid that this woman finds some way of doing away with your cat. wouldn't want to risk it. but then - i live in new orleans where life, human or animal, has no value. things are a lot more civilized in england as i know. still, check this woman out to figure what she may - or may not - be capable of.
        anxious about critters
        gisela

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