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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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2 months ago we bought a leasehold flat which states no pets

Resolved Question:

2 months ago we bought a leasehold flat which states no pets without written consent. In the meantime my youngest sister died & I promised to look after her 4 year old schnauzer. I wrote to the managing agents explaining all & had a very rude responce requesting that I rehome her immediately as residents may complaints. I have taken pics of other dogs & cats that are at the other flats. The entire episode is making me very ill with worry and I am an elderly woman. Is there anything at law that can help me under my Human rights?

Thank you in advance
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

My I ask if they have given any reasons for their justification beyond a vague reference to the possibility of complaints please?

Joshua :

Is the dog likely to cause a nuisance?

Customer:

Hi Joshua and thanks for your response

Customer:

the answer was as you nsay vague and they said they recieved complaints that the dog barks day & night

Joshua :

Thanks - this is your specific dog rather than dogs in general?

Customer:

this is a big fat lie as I am always home by 6.15 and we have got a gadget to ensure she does not bark

Customer:

no it was specific to my dog

Customer:

no one is suppose to keep pets, reptiles or birds but i have photos to prove otherwise

Joshua :

Thanks.

Joshua :

There are two principle components of the law that deal with this. With your permission I will deal with each of them in turn.

Customer:

yes please

Joshua :

Thanks. As the lease was granted after 1999 it is now considered that the unfair terms in consumer contracts regulations 1999 would apply to the same. This has not yet been tested to my knowledge in the courts though a recent decision has confirmed that they apply to tenancy agreements (Peabody Trust v Michael Reeve [2008] WLR (D) 181) the decision makes it reasonably clear that providing the lease was not individually negotiated by you that the regulations would also apply to a long lease.

Joshua :

The UTCCR provide that an absolute prohibition on pets would be considered to be an unfair term but that a requirement to seek consent which consent is not to be unreasonably withheld would not.

Joshua :

Accordingly if the landlord (through his agent is unreasonably withholding consent in order to keep a pet then this can amount to an unfair contract term and unenforceable.

Joshua :

You may wish to consider obtaining a sound measuring device to measure and record sound in the event that there are claims of nuisance being caused by the managing agent. These can be purchased relatively inexpensively online.

Customer:

Thank you Joshua

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know

Customer:

absolutely

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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