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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello. My daughter has recently purchased a new-build flat

Resolved Question:

Hello. My daughter has recently purchased a new-build flat and would now like to keep a small dog. She has researched and found an appropriate breed -quiet and small- it would be taken to work with her. The terms of the lease relating to pets states "the tenant shall not keep any bird reptile or other animal in the flat without prior written landlord's consent (such consent to be granted or withheld at the landlords discretion and to be revocable by written notice at any time following complaint of any nuisance or annoyance being causes to any owner occupier or tenant of the building or estate) and not to permit any animal under the tenants ownership or control to foul areas within the estate". The leaseholder's agent has responded to her request for permission by saying there is a "no pet" policy for this development and outright refused permission. This seems unfair as the above term infers a degree of discretion. Please can you help: does she have the right to appeal and what could happen if she went ahead regardless? Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
Whilst the lease does indicate that there could be room for manoeuvre in the future it is quite clear that there is no Guarantee of a Yes - so until the Management of the Freehold is taken over by an Owners group it is unlikely that there will be a change of policy.
If she goes ahead regardless then she is in Breach of the Terms of the lease and eventually the lease would be forfeit and she could lose the property
i am sorry not to give yo better news - please ask id you need further details
Clare
Customer: replied 3 years ago.

So the fact that she is an owner-occupier makes no difference? And shouldn't "no pets" be made clear from the outset? It may affect someone's decision as to whether to purchase a property.

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the Terms of a Lease are enforceable with forfeiture as the ultimate enforcement
The Lease allows for a change in approach in the future by a future Management Decision - useful as the approach often changes once a development has been established for some years and the owners have control of the Management Company
I am sorry - unfortunately it was up to your daughter to enquire about this prior to Contracts being Exchanged
Clare
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