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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a leasehold flat 2 years ago. At the time I

Resolved Question:

Hi
I bought a leasehold flat 2 years ago. At the time I had a dog, whilst the lease stated "no animal, bird or reptile that may cause annoyance" could be kept at the property I sought verbal consent through the estate agent.
Last summer the management company then got in touch saying I had to get rid of the dog, after much correspondence (including getting each other tenant of the building to sign letters supporting me) they agreed to allow the dog to stay (see email below). Since then I have remainder paying my quarterly service charge bill.
Fast forward 6 months they are now saying I have to get rid of the dog again - even though there has been no complaints whatsoever.
What are my options?
Email granting permission:
Without Prejudice
Dear *****,
Thank you for the update although I must admit I find this alleged verbal consent suspect at best. As the Property Manager for the development this would always have been referred to me to take instructions from the Directors of the Management Company, as we are after all appointed by the Management Company. That said I also understand your position and this was clearly circumstances out of your control and you can only go by what you are told.
In respect of the situation with Bella I have liaised with the Director and passed on the comments within your email from last night and given my recommendations. You stated in your email last night that you have made an offer on another property which implies you are looking to move out of flat 1. Furthermore you proposed not to let Bella use the communal gardens at the development.
With this in mind although we are not in a position to provide you with consent to keep Bella at the flat, it has been agreed that the Management Company would not take any further legal action at present on the understanding/condition that you do not allow her to use the communal grounds at any time whilst you continue to reside at Flat 1.
If we were to receive any complaints then you will appreciate we would need to review the matter however I hope this will not be the case. Usually when complaints are received about dogs being kept in flats it is due to them barking or leaving a mess in the communal hallways however clearly this has not been the case with Bella.
I trust you find the above in order however if you have any queries please do not hesitate to contact me.
Kind regards
James
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did they ever confirm consent in writing please
Alex
Customer: replied 1 year ago.
Hi AlexThe original consent through the estate agent was only ever verbal unfortunately.That email is from the Property Manager and is the only written consent I have.Regards
Expert:  Ash replied 1 year ago.
Then they are estopped from taking any action. A representation was made and you relied on it. Therefore once they made the decision and you placed reliance upon it, they are estopped from changing their mind.
You can refuse and even if they try and take you to Court, your defence is estoppel because of the reasons above.
I would get a Solicitor to write to them and set out your position. Its quite wrong for them to now change their mind.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you, ***** ***** confirm, that email contains:"With this in mind although we are not in a position to provide you with consent to keep Bella at the flat, it has been agreed that the Management Company would not take any further legal action at present on the understanding/condition that you do not allow her to use the communal grounds at any time whilst you continue to reside at Flat 1."The language used is a bit iffy, Does that still fall under estoppel?
Expert:  Ash replied 1 year ago.
Yes I think it would. The intent is there.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
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