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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have purchased an apartment in Sheffield. When I purchased

Resolved Question:

I have purchased an apartment in Sheffield. When I purchased I was unaware that keeping pets is not allowed. There is an under lease stating this. I have been in the flat since July. I have had a letter telling me to remove my cat. She stays indoors and is no problem. Can I be forced to remove her an what are the implications if I refuse? Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if your solicitor checked on this?
Customer: No I have not yet contacted a solicitor
Alex Watts : I mean did your original solicitor check for pets on the lease?
Customer: Sorry but I cannot see your answer to my question
Customer: What happened was that I only received the lease 24 hrs before I was moving. It stated no pets but I felt it was too late.for me to do anything.I had been told by the vendor that cats were now allowed in the flats. As my cat was stopping inside and is 14 years old I didnt think there would be a problem
Alex Watts : But did your own solicitor have the lease before you exchanged contracts?
Customer: Yes but he didn't ment no pets . All he mentioned was that there could be a problem with parking
Alex Watts : Ok. When did you buy the property?
Customer: 3 July 2014
Alex Watts :

Ok - its bad news I am afraid. If the lease states you can't have pets then yes, they can get you to get it removed.

Alex Watts :

They could in theory apply for a Court order stopping you.

Alex Watts :

However it sounds like that your Solicitor may have been negligent. They should have pointed out that pets were not permitted and that you should know.

Alex Watts :

This is quite common in flats.

Alex Watts :

But they could force the removal but in any event your Solicitor is liable.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Would there be no right of appeal. Human rights? What is a court order and what is involved? Do I have to comply.
Customer: Thank you
Alex Watts :

No appeal and Human Rights is only available against public bodies, ie Council or Government rather than private firms

Alex Watts :

If they apply for a Court order you will be notified and you can object to it

Alex Watts :

If you refuse to comply it is contempt of Court

Alex Watts :

I am sorry

Alex Watts :

Does that clarify?

Customer: Thank you for your help.
Customer: i am considering a personal appeal to the boards better nature but I don't hold out much hope. John
Alex Watts :

I am sorry John its not better news.

Alex Watts :

Can I clarify anything else for you?

Customer: It does seem a waste of money a court order. Do they happen quickly and can they enter my flat without permission? I appreciate your help and advice
Alex Watts :

No, they can't enter without permission.

Alex Watts :

They MUST get a Court order

Alex Watts :

Does that help?

Customer: Thanks
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