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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 6493
Experience:  English solicitor with over 12 years experience
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I am joint freeholder of a property (2 flats). Our flat

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I am joint freeholder of a property (2 flats). Our flat (ground floor) has been rented out. The current tenant has a dog (agreed on entry). The neighbour above says that we have broken the leashold agreement that states there should be written agreement to have an animal in the flat. What action can the neighbour take against us?

Hello,

 

The neighbour may bring a claim for breach of contract against you in court and seek for damages.

 

May I help further?

Customer: replied 7 days ago.
we emailed the neighbour before the tenant arrived and asked her views on the animal. She asked about the size of the dog and we confirmed it was a small dog and quiet (as we believed at the time). Does that count has her agreeing?

No, asking would not count as agreeing I am afraid.

 

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Customer: replied 7 days ago.
would the process of her seeking damages be time consuming and costly?
Customer: replied 7 days ago.
the original agreement talks about the lessor needing to give permission to the lessee. As both us and the neighbour are lessors, do we both need to give permission to have animals in the flat?
Customer: replied 7 days ago.
thanks

Yes, it would be and she may not go to court after all. Furthermore, damages are to put her in the position she would have been had the breach not occurred. It would be up to her to show what loss is being caused to her by the breach.

 

Yes, both of you need to give consent.

 

I await your positive rating please.