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wingrovebuyer, Senior Solicitor
Category: Property Law
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Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I really need some advice on how to deal with a

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Hi,I really need some advice on how to deal with a situation where my rights are being obstructed by our management company. I currently am the owner of an apartment in London and I have a copy of my lease. I'm in the process of bringing home my puppy, after confirming and checking the particulars of my lease I am allowed to do this.my lease reads:
"Pets: Not to keep on the premises more than one dog and/or cat or any other animal other than a domestic pet which are kept in cages or in any event any animal which may cause annoyance to any other flat comprised in the building."I purchased a dog cage and had this delivered, where our concierge took delivery of this, as he usually does all deliveries. The same day I receive an email from the management company, which read. "I was around the Stanton this morning and I saw a dog box/ cage being delivered. Please be aware that a having a dog is in breach of the lease."Obviously rattled by this, I replied with the following response “I consider your assumptions and comments about my shopping delivery a breach of my privacy. Nonetheless, I'd like to clarify that my online purchases do include shopping gifts for friends and family. In response to the statement about having a dog being a breach of my lease; according to my records I am allowed one domestic pet, please provide me with evidence contrary to this effect.”The response from my management company was this: “Comments regarding your shopping were not in breach of privacy as they relate directly to the issue of having a dog. We have no care about those who have deliveries of many random items, but were notified of this particular item because of the Lease clause regarding nuisance.
A dog can be classed as a nuisance under the Lease and if this is the case, you would immediately be requested to remove the dog from the premises and the Council can pursue you for a noise intervention claim. You may also not do anything in the building which affects others and thus, if it is the case that neighbours or others in Stanton House complain, you will be required to remove the dog permanently off the premises. This has been the case with other owners in the past.”I believe my lease has allowed me the right to have one domestic pet, my puppy has not even come home yet. I feel threaten and bullied by the management company and is obviously obstructing to my rights granted to me on my lease.Is there anything I can do here?I would really appreciate the help and advice, please feel to contact me to discuss this further.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your enquiry.
As regards ***** ***** wording, you are of course entitled to keep a dog PROVIDED it does not become a nuisance and none of the neighbours complain.
Unfortunately a nuisance in this case is the use of one's property (here to keep a dog) in a manner that substantially interferes with the enjoyment or use of another individual's property.
Because it is a covenant in the lease all it takes is for one neighbour to complain and allege nuisance and the landlord may (in fact may be required under the lease) to act. I always make sure clients understood this when I act for them.
Therefore, if your puppy is silent/does not make a mess of any communal areas and no other resident complains, then you will be free to keep your puppy.
On the reverse side, if someone does legitimately complain,you would need to get rid of your puppy- if you do not, there is a substntial risk you may have an injunction served on you preventing you from keeping the puppy at the property.
I am sorry there is nothing more constructive I can tell you, but hope it sets out the legal position.
If I have assisted, I would be grateful if you could rate my answer.
Kind Regards
Al
Customer: replied 1 year ago.
Hi,I really need some advice on how to deal with a situation where my rights are being obstructed by our management company. I currently am the owner of an apartment in London and I have a copy of my lease. I'm in the process of bringing home my puppy, after confirming and checking the particularsof my lease I am allowed to do this.my lease reads:
"Pets: Not to keep on the premises more than one dog and/or cat or any other animal other than a domestic pet which are kept in cages or in any event any animal which may cause annoyance to any other flat comprised in the building."I purchased a dog cage and had this delivered, where our concierge took delivery of this, as he usually does all deliveries. The same day I receive an email from the management company, which read. "I was around the Stanton this morning and I saw a dog box/ cage being delivered. Please be aware that a having a dog is in breach of the lease."Obviously rattled by this, I replied with the following response “I consider your assumptions and comments about my shopping delivery a breach of my privacy. Nonetheless, I'd like to clarify that my online purchases do include shopping gifts for friends and family. In response to the statement about having a dog being a breach of my lease; according to my records I am allowed one domestic pet, please provide me with evidence contrary to this effect.”The response from my management company was this: “Comments regarding your shopping were not in breach of privacy as they relate directly to the issue of having a dog. We have no care about those who have deliveries of many random items, but were notified of this particular item because of the Lease clause regarding nuisance.
A dog can be classed as a nuisance under the Lease and if this is the case, you would immediately be requested to remove the dog from the premises and the Council can pursue you for a noise intervention claim. You may also not do anything in the building which affects others and thus, if it is the case that neighbours or others in Stanton House complain, you will be required to remove the dog permanently off the premises. This has been the case with other owners in the past.”I believe my lease has allowed me the right to have one domestic pet, my puppy has not even come home yet. I feel threaten and bullied by the management company and is obviously obstructing to my rights granted to me on my lease.Is there anything I can do here?I would really appreciate the help and advice, please feel to contact me to discuss this further.
Expert:  wingrovebuyer replied 1 year ago.
Hello. Your lease terms appear clear to me: You are allowed one dog and/or one cat and any other animal provided it is a domestic pet kept in a cage (ie a parrot). Overarching all of this is the term that no such pet should be a nuisance to any other flat owner. You are therefore quite correct - the management company clearly made an error in assuming you were not allowed any pets. You have corrected them and now they seem to be vindictively referring to the "nuisance" provision as a thinly veiled threat. They are assuming you dog will be a nuisance regardless. I suggest you write back and say you consider their checking your deliveries to be a breach of privacy and tantamount to harassment. Add that your lease clearly states you are allowed a dog and as there have been no complaints of nuisance, you consider their comments on this to be threatening and a further form of harassment. Tell them that if they persist in checking your deliveries and writing to you in such a manner, you will consider taking civil and criminal legal action against them. They seem like complete little Hitlers, so best of luck with this! Best, WB
Expert:  wingrovebuyer replied 1 year ago.
I note you've already had an answer on this, and relisted. On the specific point of nuisance, the advice you were given was right, in that it only takes one complaint and the management company / landlord may act to try to get the dog removed. However, my view is that this has to be a material nuisance. For example, if the dog barks occasionally, a neighbour may claim nuisance, but I doubt a court would accept this meets a reasonable threshold. If you dog barked non-stop 10 hours a day, however, you can see how a court might think this is unreasonable for the neighbours to just tolerate. So what comprises a nuisance is relative and the complaint must be reasonable. Best, WB
Expert:  wingrovebuyer replied 1 year ago.
Hello - has this now answered your question? Best, wb
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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