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MarianC, Solicitor
Category: Law
Satisfied Customers: 598
Experience:  Expert
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I own the freehold to my ground floor flat and my upstairs

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I own the freehold to my ground floor flat and my upstairs neighbour owns his. There are no other flats in the property. He is about to sell. The freehold states ‘No animal or bird shall be kept on the demised propert without the express written permission of the Lessor which shall not be unreasonably withheld’ The neighbour currently has tenants living upstairs who have a dog. He did not ask my permission and I am not prepared to give it to whoever buys the property. I am scared of dogs having been bitten badly in the past , poor hygiene around dog food being left out led to two mice infestations during the current tenancy. The vermin company attributed it directly to dishes of dog food being the attractant. My bedroom is a meter from the shared front door so I am regularly disturbed at 6.30 in the morning when they take the dog out for walks before they have to leave for work. I plan to retire in the next couple of years and while I am an early riser, being woken daily at 6.30 is not something I relish. Finally, although small, the current dog is noisy and we also have other noisy dogs either side. Would this be considered a ‘reasonable’ position for declining permission?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the freehold located?
Customer: sorry I don’t understand. The freehold is owned jointly by me and my upstairs neighbour.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks - can I check is this initial conversation free please?
Hi there
I hope you are well.Yes this would be considered reasonable grounds for declining permission.Kind regards
Customer: replied 7 days ago.
Thanks - do I need to put this in writing as I doubt he will let prospective buyers know.

Yes you need to let him know how this is affecting you, there will also be a clause in your lease that other occupants cannot bring things on to the premises that cause a nuisance to others, so they are in breach of your lease.

Kind regards


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MarianC and 2 other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thanks very much - that’s really helpful.