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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I bought a garden flat with own entrance may 14 and the lease

Resolved Question:

I bought a garden flat with own entrance may 14 and the lease says no animals, reptiles or birds may be kept in the flat which may cause offence. The estate agent said there is not a no pets clause and I was allowed to have my 2 male cats there as cats do not cause offence (like a barking dog) My cat sat on my neighbours car and the neighbour shouted at me and slammed his door before I had a chance to apologise. The vet said a bird is more likely to damage a car as cats re tract there claws when they land on a smooth surface. I'm just really worried about my cat sitting on his car again, what can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I wouldn't worry about this. He has no claim against you. Cats are semi wild animals in law and you are not responsible for their conduct why roaming.
I suppose the agents could try to evict you on that basis but it is not going to happen. This is only a discretionary breach. It is not really even clear whether or not there is a breach at all since they did give you permission. They could withdraw that permission and then keeping your cats may be a breach but they are not going be able to get a possession order on the basis that your cat sat on a neighbour's car.
Some people just enjoy complaining I'm afraid. If he wants to live in a world where no cats ever sit on his car then he needs to buy a garage.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you, ***** ***** just clarify, I own my flat and the neighbour who complained is a renter (tenant) so I can not be evicted

Expert:  Jo C. replied 2 years ago.
Yes, but there is a lease and there can be conditions.
However, he hasn't got any claim here of any kind.
Customer: replied 2 years ago.

Thank you, ***** ***** better that he can not claim against me as you have just explained. Is there any difference between a no pets policy in a lease and one which states no bird animal or reptile may be kept in the flat which may cause offence.

Expert:  Jo C. replied 2 years ago.
Well, the words 'may cause offence' are unhelpful. Anything could cause offence. There are people about who love being offended and wait patiently for an opportunity.
But there is no action that can be taken over this.
Jo C., Barrister
Category: Law
Satisfied Customers: 69982
Experience: Over 5 years in practice
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