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Original poster

Would you still buy this house?

47 replies

CatchingBabies · 12/02/2018 19:30

We have reserved a new build house, love the house, love the location but we are at signing contracts stage and have hit a snag. I want to pull out and look elsewhere, my partner thinks I am over worrying and has also been told this is standard for new builds. Can the mumsnet jury tell me what you would do please.

In the land registry document a covenant is listed stating that you may own a REASONABLE number of domestic pets. We have 3 pets that are very important to us and so I asked for clarification as to what a reasonable number was as this is quite subjective.

The response was that no number would be specified but as long as there are no complaints this would not be enforced.

Being a worrier I asked to see the complaint procedure and asked for confirmation that it would only be enforced in the event of a VALID complaint.

The legal response is that complaints would not be investigated as the developer does not have the resources or expertise to investigate complaints.

My worry now is that I see 3 as being reasonable, someone else may think only 1 is reasonable. If they were to complain that I have 3 there would be no investigation as to wether my pets are indeed a problem it would just be taken at face value and I could be forced to rehome them, which I wouldn't do so then maybe lose the house. My partner thinks there probably will never be a complaint and if there is we can defend it, but it isn't sounding like we could according to the responses.

Am I worrying too much and all new builds state similar or is this unusual? And would you buy the house?

It seems crazy that a house I am buying and will own the freehold to has stricter rules than my rented property!

OP posts:

Plumsofwrath · 12/02/2018 20:30

I think you're right to think about this seriously, given what could be at stake.

I don't know exactly what an indoor cat is: is it one that never goes outside into other people's gardens? If so, I don't think you should worry at all - effectively, your only pet is the dog. Your neighbors won't know you have two cats who don't leave your property, and if they do know, they won't be bothered by them.

If your cats do roam around into other people's property, I think that's a different issue. I personally wouldn't mind a cat walking around my garden, but I know some people do, and they'd be reasonable in objecting imo. Two of them, and they'd be twice as justified. On your prospective estate, there's a pre-determined route for complaints. In the rest of the world, there would be other tactics to resolve such a neighborly dispute (probably not very nice ones). So really, you'd have a cat problem.

The clause will be mostly aimed at people who either breed pets, or hoard them (possibly to the detriment of the upkeep of the property itself).

As for you being a single sex couple, that's wholly separate. In your shoes, if I so much as had a sniff that this was behind any complaint, I wouldn't hold back one bit rebutting each and every complaint, vehemently. Just not acceptable. 40 years ago it was "No dogs, no Irish, no Blacks". This would be no different in my eyes.

Kraggle · 12/02/2018 20:34

Personally if they don’t have the time or resources to investigate complaints they will hardly have the time and resources to enforce the rules surely?

Botanistinhiding · 12/02/2018 20:35

The management company sound awful - so they’d take a maliciously motivated complaint at face value? I can see your point, still think it’s unlikely but I’ve no past experience of malicious complaints and if it’s worrying you this much then it’s not worth it.

OutyMcOutface · 12/02/2018 20:43

Honestly, it's unlikely that anyone would make a genuine complaint unless your dog is very noisy and, most parts of the UK, aren't particularly homophobic. Even if you do end up with homophobic neighbours they are unlikely to make a complaint if you are otherwise good neighbours. Even if a complaint is made you can apeal/sue and it may only result in a fee which you can pay and move on if you wish. I really don't see any reason to be too worried about it.

DonaldWeasley · 12/02/2018 20:50

Could you call you and yours on radio four? This does s em ludicrous.

BellsaRinging · 12/02/2018 20:51

I don't think there's an issue here. No one will know about the two house cats and one pet (the dog will be the only one known about) has to be reasonable.

Also (and perhaps more importantly) I don't read what the company are saying like you do. They are saying they won't investigate allegations because they don't have the resources. Well, they won't try to enforce the covenant either because that would take more resources! Ultimately, enforcement would take a court case, the risk of costs against them, and proving what was a 'reasonable' amount of pets (highly subjective, as you say). Not worth the risk for them.

Why not ask your solicitor to write to them and say that you have signed the contract on the understanding that you have declared that you have three pets and that no objection has been received from the builder that this contravenes the covenant? This may give you some reassurance, but really I wouldn't worry.

Good luck, and sorry to hear about your previous experiences dealing with discrimination. What idiots there are out there.

WaterBuffaloDancing · 12/02/2018 20:52

It is pretty standard to protect the unsold houses from new occupants doing stuff that put off potential buyers.

Ours says all the usual stuff, no caravans, work vans, running a business from home -this does not mean remote working but having people coming and going all through the day and impacting on traffic/parking/general enjoyment of the property for others.

My sister has a wife and she actually appreciates her protected status. Some loud mouthed teen thought my sister had gone back into her house one day and said all cocky to her friends I'm going to knife that lesbian bitch. My sister had had enough of this particular girl gobbing off these threats so rang the police. It is considered a hate crime so they were round really fast.

I really think you are over-thinking this pet thing. It stops someone having 20 dogs. 2 house cats and a dog are not going to get you removed from your house.

Original poster

CatchingBabies · 12/02/2018 20:54

That's a good idea Bells. Do you think I should write it on the contract I sign? I know I'm paranoid and I don't want to lose a house we love over this but it's so worrying when we've had the experiences we've had and the area we are buying is rural and not very diverse so in my paranoid mind there's potentially more risk of encountering someone that will have a problem with us.

OP posts:

bookgirl1982 · 12/02/2018 20:55

What has your solicitor said would happen if there was a complaint? They can't just kick you out of your own house, so you should have proper professional advice about what they could potentially do if you had an unreasonable number of pets and were causing a nuisance.

If that advice says that there isn't much they could do, then you can stop fretting.

Damia · 12/02/2018 20:56

If they're not going to investigate complaints then how would they know how many pets you have anyway? If someone complains just agree that you've gotten rid of the cats but don't. Chances are no one would complain anyway.

BellsaRinging · 12/02/2018 20:58

I think there may be a problem putting it on the contract documentation )but for sure ask your solicitor). Some jobsworth at the builders will probably not allow it though. In my opinion you'd be ok with declaring it in open correspondence and keeping copies of that. I understand your concerns, and your wish to be super cautious but I honestly thinks it will be fine.

Original poster

CatchingBabies · 12/02/2018 21:02

OP posts:

Luckycatsplat · 12/02/2018 21:02

Is your solicitor not able to apply to get rid of the restriction (discharge it)?

Original poster

CatchingBabies · 12/02/2018 21:06

My solicitor asked to discharge it and they won't. The developer told me verbally they would never endorce this covenant but they won't put that in writing or remove it. If they would never enforce it why do they have it?

I asked the solicitor what's the worst they could do if they said rehome and I said no. He said that as it's the land registry document they could worst case scenario repossess the land.

OP posts:

Luckycatsplat · 12/02/2018 21:06

I don't think writing something on a contract will make any difference tbh.
The covenant will still go on the land registry which is the final say. If it's on the land registry, that trumps anything else.

RavenLG · 12/02/2018 21:14

We have a clause along the lines of 'no offensive animals' .. what that means I have no idea. Our guinea pigs are furry little balls of joy to us, may be offensive to others. The terminology is bizarre. We're also not allowed to dig up the clay in the garden for profit apparently.
I think as long as you're not hoarding animals you'll be fine.

Lucymek · 12/02/2018 21:30

A conevant sounds shit tbh !

GreenTulips · 12/02/2018 21:41

I think you're that worried it will hang over you!

ILikeyourHairyHands · 12/02/2018 21:45

I would never buy a house with a restrictive covenant full stop.

Too much potential for bollocking up my peaceful enjoyment.

theunsure · 12/02/2018 21:46

Hmmm, I think you’ll be fine but it would also worry me too!
We live rurally and are interested in a small new build development in next village, I’m hoping there will be no covenants like this on ours as we have 3 outdoor cats and a small flock of chickens. Everyone has chickens here, but if this build has any mention of pet restrictions I won’t be happy proceeding.
You'd be amazed how many townies move out and complain about animals. We have a completely numpty that moved in next to a commercial dairy farm and complains that the cows moo. And another that lives opposite a riding school that complains about horses being ridden past.....there are a lot of idiots around so I understand your worries. It’s got me worried about whether my pets are “reasonable”. It’s a good job the horse lives elsewhere!!

dancingqueen345 · 12/02/2018 22:53

Having worked for a management company, they are saying exactly what I would expect them to say!

The list of covenants on new builds is ridiculous, but the ability of the management company to actually enforce them is quite limited.

You are in effect covenanting with each and every occupier on the estate, which is why you will struggle to get any sort of wording change (as legally every current and future owner would need to agree to your wording).

I absolutely wouldn't worry about your lovely pets. It would be difficult to seriously contest that 3 pets is excessive in anyone's book.

Lichtie · 12/02/2018 23:06

3 pets is absolutely reasonable... And given the lack of definition very hard for anyone to bring a dispute.
If you want to have extra security just make sure your home insurance has legal expenses cover, it's usually quite cheap and helpful if there is ever any disputes (pet related or not)

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