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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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Want to buy a flat but is saying no dogs allowed , dogs already

Resolved Question:

Want to buy a flat but is saying no dogs allowed , dogs already live in the flats , and another just moved in but rents. What is the consequences if we just take our dog with us .Can they make us sell or get rid of the dog even thou other dogs live there
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.
You mean it is a term of the lease?
Customer: replied 2 years ago.

yes

Expert:  Jo C. replied 2 years ago.

Does the lease say that animals are not allowed or does it say that they are not allowed without consent and if it does say that, does it say that consent is not to be unreasonably withheld or delayed?

Have you spoken to any of the other pet owners?

Have you raised the query with the seller?

Customer: replied 2 years ago.

Been told by Estate Agent that all dogs are banned and previous buyer pulled out as she had a dog , we have a small dog and i am with him all day , and dont know wether to go ahead and buy this property and just take our dog with us .

Expert:  Jo C. replied 2 years ago.

You need to get your solicitor to tell you exactly what it says in the lease. Don’t rely on what the agent says.

It says that dogs are banned, the last thing you need is an argument with the freeholder or the management company if you move into the property with the dog.

Remember also that in exactly the same way that you are wondering whether to buy this property and other buyers have pulled out in the past, you may have a problem selling it in the future for the same reason.

These covenants are enforceable but it may be possible to argue in court that the management company as being completely unreasonable by trying to enforce the covenant against you but ignoring it in respect of other people.

My professional advice is that unless you can get the management company/freeholder to agree that you can have pets with consent, then walk away from it.

I wish I could give you a more favourable answer.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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