Cats in a leasehold property

[FFSparenting]

We have had an offer accepted on a leasehold flat but through general incompetence of both ours and the sellers solicitors 3 1/2 months into the process we have only just received the correct lease and discovered the lease does not allow pets. We have two cats.

We were told by the estate agent when we viewed that cats are allowed. The wording in the lease means the freeholder (who is someone who lives nearby) only has to say no and does not give a reason. So some avenues of argument such as the Consumer Rights Act 2015 don't apply. I see there are new government plans to give renters the right to have a pet but as far as I can see there are no plans to extend this to leasehold places which seems strange as a lot of places rented out are leasehold.

We love our cats, we are cat mad, however we have been trying for over 10 years to buy somewhere due to the high prices, we have finally found somewhere that we can afford, we have our mortgage all set up and just got in before the interest rates went up. We strongly feel this is our one chance at getting on the property ladder due to the high prices in the area. The only other options would be outside of our city which won't work for us or a really grotty area. We have a young child and the flat is very close to family and has a lovely school and green spaces. Where we currently rent is not where I want them to grow up, high crime.

I have heard locally that other residents have been reported for things like looking after a dog so it's curtain twitchy by the sounds of it.

So our choice walk away after months and months and having paid out for surveys etc. and rent forever. Or take the cats, wait to be reported when we could try making a case but legally would fail so they would have to go and live with my family nearby (who would be happy to have them).

What would you do? I feel so angry that you can buy a place and still some random freeholder can tell you what to do. We would have more freedom where we currently rent but don't like the property or area. I have also set up childcare and emotionally moved in so the idea of backing out feels impossible knowing how long childcare takes to set up and get my 1 year old settled.

That’s awful, I wouldn’t imagine such a clause in leasehold agreement. Is buying the freehold an option?

I don’t think it’s so much about ‘a random freeholder telling you what to do’ - it’s more that the communal leases (which govern the rules for communal living between all flat owners) have this - often standard - requirement. It’s viewed as a rule that makes communal living more agreeable.

If you want it changed, why don’t you approach them to vary the leases? Or seek consent for your specific situation?

Your best bet is to ask to buy freehold. Failing that you could ask leaseholder if you could have your cats. If you explained they were housecats and so would not be annoying neighbours they might agree. I could never give up my 2 bundles of fluff and cuddles.

Mine doesn't allow cats. I've lived here 15 years and my cat has been here since 2015
Never seen the management company in my time here and my neighbours have cats too
My lease has everything from not shaking a rug outside to nothing immoral

Ah, just seen that the freeholder is an individual.

How long is the lease? Why don’t the other long leaseholders start proceedings to own the freehold? At least that way you’d have some control over the maintenance and upkeep of the building and the communal rules. (I think these issues are potentially much bigger than the pet ownership provisions!)

Ultimately, the lease is the interest you are buying though and if you can’t live with (or change) some of the provisions, you will need to look elsewhere for another place that doesn’t have these restrictions.

I would pull out. No way would I give away my cats.

It's a standard rule as per my experience of living in a leasehold flat.

I think the worry is for the damage pets do to common areas. Eg cats and dogs using the carpeted areas on the landings as a lavatory.

Or seek consent for your specific situation?

This

Ask the freeholder if you can have your cats.

I have relations and friends who have been freeholders with in properties where other leaseholders didn't have share of the freehold. They had no issue with people having cats if asked. They did have issues with dogs.

I think all the leaseholds in my area have a similar clause but everyone has cats. I've seen countless catflaps appear on garage doors etc and presumably it's not been a problem. I think for us if you pay something like £50 you can get permission to have a pet but I don't think anyone really officially does it because none of the rules are really enforced. The freeholder is a big company though and not local so if yours is an individual person it might be different.

I live in a flat where the freehold is owned by the residents. Everyone has pets. I think its more common to have flats that allow pets (esp indoor cats and small furries) as opposed to those who don't - Landlords are a different matter! I think you should try to find another flat, it can be hard. For me, I am now looking to move and require a 3 bedroom flat in my spot of north london that has a good sized kitchen, communal garden, bike storage (or at least a place to put bikes), pet friendly and preferably has car parking (for DH's future car). A bit of an ask but I don't think I should compromise!

Our flat sale recently fell through for this reason, albeit there were no restrictions in the main lease but 'house rules' that were implemented included a no pets rule, which meant by default it was included within the main lease. We took extensive legal advice. You could ask the freeholder for permission but be aware that consent can be withdrawn at any time.

If you just move in with the cats regardless you will be in breach of the lease. The freeholder could seek damages (though for what type of nuisance cats could cause if house cats only is debatable), and ultimately you could even forfeit the lease. It would be a long process to get there but it is a possibility.

I'd recommend walking away, we've also found that selling a 'no pets' property is much harder as we've lost a few potential buyers now.

It's so hard to know what to do, because of our particular financial situation this is really our one chance to get on the property ladder and we have spent our deposit on surveys and solicitors so would reduce our budget if we started again even more. Looking at what else is out there, there is nothing else for the price bracket in the city we live in that would be big enough.

One morsel of hope is the new government legislation about rights to have pets in private rental properties www.dailymail.co.uk/news/article-10916961/Every-private-tenant-legal-right-pet-rules-overhaul-Michael-Gove.html
Sorry it's a Daily Mail link.

Looking at the legislation on the government website it doesn't say how this works for leasehold properties. Seems bizarre as many rental places are leasehold so I keep holding on thinking maybe the law will change and force freeholders and management companies to be more open to change.

My parents have said they will have our cats (they will be very near) if we can't get permission.

@FFSparenting that's rubbish that you were told by the EA that you could have pets. I'd put it back on them, they're not going to want to lose their commission!!

I don't think you're in a position to walk away from this flat, especially when your parents are willing to have your cats if you can't.

Hopefully you can have them, one way or another, but if you can't your parents will - it's not like you'd be taking them to a rescue, never to see them again!

best of luck getting it through.

It is quite common in a lot of flats, most aren’t enforced, but if they are it is a problem. I pulled out of a sale because I found out cats weren’t allowed and I didn’t want to risk having to sell a flat quickly as I wouldn’t be willing to rehome my cat on a permanent basis.

Re the landlords/pets in rental: There is a distinction between Leases, and Assured Shorthold Tenancy Agreements (also referred to as Leases – confusingly). An Assured Shorthold Tenancy Agreement is governed by the Housing Act and is the usual document entered into when a property is rented out to a Tenant. The Lease that a leasehold flat will have is not an Assured Shorthold Tenancy Agreement and is therefore not subject to the same rules.

Just ask for permission. I used to be director of a development in which permission was required for pets. It was basically always granted but could be withdrawn if the pet caused a nuisance (this was generally complaints about noisy or aggressive dogs).

I just ignored that clause and lived a very happy life with a cat that I adopted one year in to buying my leasehold flat. Nothing happened in the 13 years of that cat’s life with regard to the building’s management company or freeholder.

it seems so cheeky and intrusive to be dictated to like that when you’re paying the mortgage, doesn’t it.

This is correct. The two regimes are completely different so if you do decide to proceed, do be aware that the changes you have linked to wouldn’t apply to your long leasehold interest.

the thing is they do affect other residents. There is a guy in my development who has two huge dogs and the dogs keep scraping off the fresh paint work in the communal hall ways. But we allow pets, so we allow his dogs too. I don't object to people keeping pets (i have a hamster!) but i think for more public pets like dogs, they do have an impact on communal life. I think indoor cats are on the same rung as my hamster in terms of impact on the neighbours but in the UK, people like to have their cats roam and what if the cat is incontinent...