Earlier this month, the Government took steps to make it easier for renters to find a home where they can keep a pet. But where do long leaseholders stand when it comes to sharing their home with an animal?
The Leasehold Advisory Service (LEASE) regularly receives queries from flat owners confused about pet restrictions. Many leaseholders assume they can keep pets freely, not realizing that leasehold is not outright ownership but a long-term rental agreement.
LEASE highlights typical pet restriction clauses, such as:
"Not to keep any bird, dog, or other animal in the Demised Premises [your flat] without the previous consent in writing of the Lessor… such consent to be revocable by notice in writing at any time on complaint of any nuisance or annoyance being caused to any owner, tenant, or occupier of any other flat in the building."
Even if a lease does not explicitly mention pets, landlords can use general nuisance clauses to argue against keeping animals in the building. Without clear proof of nuisance, however, leaseholders may have legal grounds to keep their pet.
If you keep a pet in a block where a "no pets" restriction exists, the freeholder can seek an injunction to enforce the removal of the animal. Leaseholders may also be liable for legal costs associated with such action.
Most leaseholders don’t read their lease in detail before purchasing, but if you’re an animal lover, this is a crucial step to avoid potential disputes. Checking for pet restrictions in advance can save you from costly legal trouble and heartbreak!
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