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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We live in a block of fifteen flats.Our deeds have a

Resolved Question:

We live in a block of fifteen flats.Our deeds have a restricted covenant stating no dogs to be kept in the flat.We have lived here for 5 years and this restriction has been broken many times by occupiers have their relations animals in the flat while they are on holiday.We are now selling our flat & have a buyer who has a dog.Does the flaunting of the no dogs to be kept in a flat restriction nullify the restriction.
Submitted: 8 months ago.
Category: Law
Expert:  Aston Lawyer replied 8 months ago.

Hi, thanks for your enquiry.

The mere fact that some other Leaseholders may be breaching the covenant, does not legally mean that this covenant then becomes legally unenforceable by the Freeholder. For example, if a dog was making constant noise and a neighbour raised a complaint to the Freeholder, they would be under a duty to enforce the covenant and ask that the dog be removed from the property.

At the end of the day, your Buyers will have to take a view on this- if they have a dog who doesn't bark non stop and they feel that no complaint may be raised against them, they may decide to proceed. Their Solicitor will, I imagine, advise them not to proceed, because we Solicitors do have to cover our backs!

I hope this assists and sets out the legal position.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 7 months ago.

Hi, if I have answered your question, I would be grateful if you could rate my answer. Thanks Al

Expert:  Aston Lawyer replied 7 months ago.

Hi, please don't forget to rate my answer. Thanks Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10411
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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