Editor's Blog0 min ago
Breaches Of Lease
11 Answers
My daughter owns a flat. The property was originally a three storey house, but has been converted into 3 flats, with a communal garden for those flats.
All three flats are Leasehold, but the top two flats are owned by the Freeholders. The basement flat is Leasehold only. My daughter is one of the Freeholders.
The three flats all have similar Leasehold contracts. The contract states that “no animal bird or reptile shall be kept in the Premises without the written permission of the Lessor which if given shall be deemed to be by way of licence revocable at will”
The Leasehold of the basement flat has recently been sold and the new owner has brought two dogs with her to live in the flat. The two Freeholders have said that the Leaseholder has breached the terms of the lease by bringing her dogs without having written permission.
The Leaseholder says that she has dogs, so obviously they would move in with her. She said that she is not in breach of the lease and that she had queried with her solicitor who acted for her in the purchase, whether she could keep her dogs. She says the solicitor told her there was nothing to stop her from having the dogs in the flat.
The dogs were only 8 week old puppies when the Leaseholder moved in, so she can’t have had them for long.
The new owner says that she is a Leaseholder, not a Tenant. She says that because she owns her flat what she does in her home and garden is none of the Freeholders’ business. She says that they cannot force someone to get rid of their dogs for no reason, or just because they have not given written permission.
As mentioned previously, there is a communal garden shared by all three flats. The I Leaseholder lets her dogs have the run of the garden. Therefore, her statement saying that what she does in her garden is misleading. It is not solely “her” garden.
Is the Leaseholder in breach of the lease by having pets without written approval from the Freeholders? If so, what are the Freeholders’ options? Neither Freeholder wants to give permission to allow dogs to live in any of the flats.
A previous occupant kept a dog in their flat (also without written permission). The dog was left alone for long periods and suffered separation anxiety. It eventually had to be re-homed because of complaints from several of the neighbours in adjoining properties. As you can imagine, this was an upsetting time for all three flat owners, hence their decision now to not allow any pets in the flats.
All three flats are Leasehold, but the top two flats are owned by the Freeholders. The basement flat is Leasehold only. My daughter is one of the Freeholders.
The three flats all have similar Leasehold contracts. The contract states that “no animal bird or reptile shall be kept in the Premises without the written permission of the Lessor which if given shall be deemed to be by way of licence revocable at will”
The Leasehold of the basement flat has recently been sold and the new owner has brought two dogs with her to live in the flat. The two Freeholders have said that the Leaseholder has breached the terms of the lease by bringing her dogs without having written permission.
The Leaseholder says that she has dogs, so obviously they would move in with her. She said that she is not in breach of the lease and that she had queried with her solicitor who acted for her in the purchase, whether she could keep her dogs. She says the solicitor told her there was nothing to stop her from having the dogs in the flat.
The dogs were only 8 week old puppies when the Leaseholder moved in, so she can’t have had them for long.
The new owner says that she is a Leaseholder, not a Tenant. She says that because she owns her flat what she does in her home and garden is none of the Freeholders’ business. She says that they cannot force someone to get rid of their dogs for no reason, or just because they have not given written permission.
As mentioned previously, there is a communal garden shared by all three flats. The I Leaseholder lets her dogs have the run of the garden. Therefore, her statement saying that what she does in her garden is misleading. It is not solely “her” garden.
Is the Leaseholder in breach of the lease by having pets without written approval from the Freeholders? If so, what are the Freeholders’ options? Neither Freeholder wants to give permission to allow dogs to live in any of the flats.
A previous occupant kept a dog in their flat (also without written permission). The dog was left alone for long periods and suffered separation anxiety. It eventually had to be re-homed because of complaints from several of the neighbours in adjoining properties. As you can imagine, this was an upsetting time for all three flat owners, hence their decision now to not allow any pets in the flats.
Answers
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1. She is in breach of the lease. 2. It seems from what is said that she doesn't understand the fact that lessees have obligations under their lease to the lessors. 3. All this should have been spelt out to her by her solicitor. 4. If the lessors want to do anything they should do it now - not wait & try to do it later because they could then be said to have tacitly...
21:35 Fri 02nd Feb 2018
I would say she is definitely in breach of the lease - in serious cases, leaseholders are in danger of forfeiting their property, and you, as the freeholders, have all the power in this situation. I'm surprised that her solicitor didn't warn her that it is a condition of the lease that there be no animals. I would get a solicitor's letter sent asap.
Peter Pedant, who posts on AB, has rental properties, so might be able to give some advice from experience, if he sees this. Don't stand for it!
Peter Pedant, who posts on AB, has rental properties, so might be able to give some advice from experience, if he sees this. Don't stand for it!
She's a leaseholder not a tenant, whether she is in breach of that lease is another matter. The more pressing question is do you really want to be on the sort of terms you are going to be with a neighbour because you're trying to make her part with her dogs ( which I guarantee she will not do come hell or highwater)? Once neighbour disputes start they escalate at an alarming rate very often and I'm fairly sure she'll find a way of making your lives hell if you are making hers so, so are the dogs really hurting you before you press this further?
Thanks for the sensible advice, kvalidir. That’s my view, too.
I have spent time in the flat this week, and haven’t been bothered by the dogs at all. However, the previous occupant’s dog was quiet to begin with and that is my daughter’s argument. Perhaps the Freeholders should just not give written permission and ignore the fact the dogs are there, and do something about it later on, if necessary.
Thank you for the links, Goodgoalie - I had already found those and sent them to my daughter.
I have spent time in the flat this week, and haven’t been bothered by the dogs at all. However, the previous occupant’s dog was quiet to begin with and that is my daughter’s argument. Perhaps the Freeholders should just not give written permission and ignore the fact the dogs are there, and do something about it later on, if necessary.
Thank you for the links, Goodgoalie - I had already found those and sent them to my daughter.
1. She is in breach of the lease.
2. It seems from what is said that she doesn't understand the fact that lessees have obligations under their lease to the lessors.
3. All this should have been spelt out to her by her solicitor.
4. If the lessors want to do anything they should do it now - not wait & try to do it later because they could then be said to have tacitly accepted the situation.
5. I would suggest as a minimum a solicitors letter explaining the breach & setting out conditions on which the lessors would be willing to allow her to keep the dogs - things like the dogs not being a nuisance by causing undue noise etc. It could be suggested that she should have had advice on this from her solicitor, who she should contact if she wishes to.
2. It seems from what is said that she doesn't understand the fact that lessees have obligations under their lease to the lessors.
3. All this should have been spelt out to her by her solicitor.
4. If the lessors want to do anything they should do it now - not wait & try to do it later because they could then be said to have tacitly accepted the situation.
5. I would suggest as a minimum a solicitors letter explaining the breach & setting out conditions on which the lessors would be willing to allow her to keep the dogs - things like the dogs not being a nuisance by causing undue noise etc. It could be suggested that she should have had advice on this from her solicitor, who she should contact if she wishes to.
Things have really moved on from here.
We had to take advice from a solicitor because of false accusations made by the leaseholder.
I cannot go into detail at present.
However, one of the more serious things she has done is to accuse the Freeholders of stealing land and property from her. She has backed this up with a part photocopy of a title plan, supposedly of her property, which in no way matches the official title plan.
When she pointed to the boundary marked on the document, the red ink smudged!
She even allowed me to take a photograph, smudges and all!
We had to take advice from a solicitor because of false accusations made by the leaseholder.
I cannot go into detail at present.
However, one of the more serious things she has done is to accuse the Freeholders of stealing land and property from her. She has backed this up with a part photocopy of a title plan, supposedly of her property, which in no way matches the official title plan.
When she pointed to the boundary marked on the document, the red ink smudged!
She even allowed me to take a photograph, smudges and all!
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