Leasehold flats...........

[tim2969]

..... ..... we own a leasehold property the freeholder owns the free holder owns the flat upstairs as well as the freehold he does not however have a lease on the flat above his tenant is becoming difficult and has a dog which is constantly disturbing us our lease catorgorically states no pets may be kept in our flat ......... so can we insist that the tenant longer has her dog

 Cheers

[tim2969]

  last line should say 'no longer' has her dog  - cant find edit function

[tim2969]

There is no lease on the above property the freeholder owns it but has no lease.

[FTVS]

Tim I am surprised that there is no leasehold on the flat upstairs (even though he is the freeholder). I am part free-holder of my property but each flat is still obliged to comply with terms of the lease as this represents the "rules" for use of the building between us all. Presuambly the lack of any agreement with the upstairs flat was brought to your attention when you purchased the property?

Have you talked to the Freeholder? does s/he know his tenant has got a dog in there? ideally the tenant is under a tenancy agreement (rental) with the freeholder and this usually specifies no pets. 

Presumably the tenant has already sent you away with a flea in you ear?  There are laws regarding private nuisance but that sort thing is very much a last resort.

[tim2969]

FTVS when the property (lease) was purchased it was not apparent that there was no lease on the flat  up stairs I am would be suprised if there was a tenancy agreement either the lease problem only came tolight when we attempted to sell our falt in the summer and was partly we think why the buyer pulled out post survey. Our lease states no pets so I beleive there should be a parity can you advise me of any other info you may know that might help we no freeholder cannot sell upstairs while he has no lease but we do.

Many thanks

[FTVS]

Tim,

for clarity I assume we are talking about the "freehold lease" owned by you as part of your flat purchase

and

the "tenancy lease" that was arranged between the tenant who is in occupancy upstairs and the owner of the upstiars flat (who also happens to be the freeholder of the building).

When you purchased your "freehold lease"/the property your conveyancing solicitor should  have alerted you to any unusual issues in the purchase which may affect you. I would say that the Freehold being owned by only one of the flats is unusual, particularly should that flat not be subject to any leasehold terms. This is an issue I strongly suggest you ask your solictor about as, it seems to me, this is an issue likley to affect re-sale of your property (and indeed it seems it is). Your solicitor had a duty to warn you of any "odd" provisions and it may be that they have not properly protected your interests when you purchased the flat. For example, what if upstairs decided to put wood flooring all the way through: you would have no recourse. I think you need to tell your solicitor that the re-sale of your property is being affected and ask for their views. It may be that there is some sort of agreement in place or that legally there shold be one. I agree with you: there should  be parity. In any event, you have a civil right to "quiet enjoyment" of your property which are dealt with in laws regarding private nuisance, although the burden of proof here is quite high 

As regards the "tenancy lease" of course you won't know if there is one until you get into an exchange with the owner of upstairs, however most Assured Shorthold tenancies provide that there must be no pets.  

I assume that there is nothing to be gained by talking further to the tenant upstairs?  

[tim2969]

Thank you - Finally the freeholder owns a quite a few properties in our city and it appears his tenant has been a tenant in his properties for quite some time that is why I feel it is likely no tenancy argeement is in place.