If Law Denning is available could I please communicate with him
Do I just wait for Law Denning to make contact
His name was Touchwooden if that helps
I was offline for a short while.
I look forward to helping again.
Have they capitulated/backed down?
Hello, I didn't know if you would still have my case on file. I am so pleased you are still with Just Answer.
No they haven't capitulated and whilst the Chairman of the Residents Association has more or less agreed to turn a blind eye to the situation, some of the residents are being quite unpleasant. They are insisting that the lease was changed when we purchased the freehold.. The original lease stated that the Lessee shall not keep or suffer to be kept in or upon the demised premises any animal which may be a nuisance or annoyance or cause damage or inconvenience to the lessor or to the owner or occupier of any other flat etc etc. I thought the original lease could only be changed with the agreement of all owners. I do remember a decision being made by I believe 7 to 6 at one of the Residents meetings which I did not attend. However I understood from our previous discussions that such changes could not be enforced in this manner unless all freeholders were in agreement. Incidentally the dog is a small cocker spaniel and always kept on the lead, does not bark and has never been a nuisance in any way. I was again confronted today by one of my neighbours who thought I should be more discreet (ie not walk in the 7 acres of ground in which the apartments are situated). I would really like to be able to put something in writing to everyone letting them know that I am not breaking any rules but still not sure of where I stand legally.
Yes, I am still here. Having been here since 2008, I cannot seeme moving any time soon.
Yes, I can still see the original question with regard to yourdaughter coming with her dog.
It is not a case of them turning the blind eye, it is a case ofthem having not got a leg to stand on (rather like the dog having a P) in thelease does not prohibit this.
If it was changed at the time that you bought it, it would eitherhave to have been agreed to be changed by you or, by the seller before youbought. That seems most unlikely.
I would simply ask them to show a copy of the new lease which youare alleged to have or a copy of the deed of variation signed by the previousowner. That should shut them up, failing that, they can insist as much as theylike.
The lease quite clearly says that you can keep animals but theymustn't be a nuisance.
Generally, in developments like this, all the leases are thesame. Sometimes, the lease will actually specify that all the leases must bethe same and the idea is to stop people changing individual leases to thedetriment of other leaseholders.
If it does not say that, there is no problem with one lease beingchanged but both the freeholder and the management company if there is one andthe leaseholder must agree.
To be honest, I would not rise to the bait by putting anything inwriting except to the chairman of the residents association asking for a copyof the lease or deed of variation which is alleged to prohibit the keeping ofanimals. Tell him that failing that, you look forward to receiving hisconfirmation that he has communicated this to all the other leaseholders sothat there can be no misunderstanding
Thank you for your reply. Before I write to the Chairman of the Residents' Association I should like to give you a few more perhaps relevant facts. I purchased the apartment 23 years ago which then had a 99 year lease. The now 999 year lease commenced in 1988 and I have been the only occupier/owner. I have never signed a Deed of Variation to say that I agreed to change the rules about allowing dogs on the premises and as I understand, I would have had to be a party to this change. Would it be possible that some of the owners have agreed to this variation and that the rule would apply to their apartment or would we ALL have had to agree? I want to make sure I have all the facts before I ask the Chairman for a copy of any Deed of Variation. I do have in front of me a copy of the 'new' 999 year lease in which there is no mention of dogs. However that does not mean that maybe I have overlooked receiving any Deeds of Variation although I would certainly not have signed such a Variation. The new lease mentions 'THE ORIGINAL LEASE AS VARIED IF APPLICABLE SHALL CONTINUE IN FULL FORCE AND EFFECT SAVE AS VARIED HEREBY AND THE RIGHTS EXCEPTIONS RESERVATIONS COVENANTS AND PROVISIONS OF THE ORIGINAL LEASE SHALL CONTINUE TO APPLY FOR THE WHOLE OF THE NEW TERM SAVE THAT WITH EFFECT FROM THE EXPIRY OR PREVIOUS SURRENDER OF THE HEAD LEASE THE COMPETENT LANDLORD COVENANTS WITH THE TENANT TO PERFORM AND OBSERVE THE INTERMEDIATE LANDLORD'S COVENANTS IN THIS LEASE FOR THE REMAINDER OF THE NEW TERM'. (whatever all that means!).
Does this help you at all?
Unless your lease and the other leases say that all the leasesmust be the same, (in which case all the leases must remain the same) then eachlease can be different and each lease can be varied.
To be honest, there is absolutely no reason why anyone who has nointention of keeping a pet should change their lease to stop people keepingpets because it is of no advantage to them. It could have been done as part ofa reciprocal arrangement but that seems extremely unlikely. Indeed, even if itwas done, why limit the number of future buyers that you might get when youcome to sell the property?
If all the leases don't have to be the same, then you do not orhave to agree.
If there has been a deed of variation, it should have beenregistered at the land registry but sometimes people are remiss in doing so.However, if all the rest of the non-pet lovers want to rely on it, they hadbetter come up with something signed by a previous owner. As this has notcropped up in 23 years, I think it is unlikely that this ever happened andtherefore what you are asking for is an impossibility I am glad to be able totell you.
With regard to what you put in capitals, the previous paragraphthat I have written applies. Basically it means that if there has been a deedof variation, the original lease is completely as it stands but subject to theamendments in the deed.
There is an original lease of 99 years and later lease of 999years and I assume that neither of them referred to pets. I therefore thinkthat the variation they are talking about could be the term going from 99 to999.
It could be that the new lease slipped in a new covenant, not tokeep pets and therefore you need to look at the new lease. If the new leasedoesn't mention it and there is no deed varying it (it seems unlikely), thenthe situation is exactly as I have already explained to you.
If there was a covenant in the deeds, or a deed of variationlurking around, the management company or the freeholder would not be turning ablind eye. They, along with all the other leaseholders who do not want animalswould be jumping up and down for joy and having a little party and wavingrelevant document at you and telling you that you couldn't have pets. I am sureyou take my point.
They obviously have not done that which probably says it all
The first lease (99 year) stipulated that the Lessor shall not keep or suffer to be kept in or upon the demised premises any animal which may be a nuisance or annoyance or cause dame or inconvenience to the Lessor or to the owner or occupier of any other flat etc. In those days I had two dogs as did other owner/occupiers and I myself would certainly never have bought the flat had I thought that one day the ability to keep a pet might change.
I am now 92 and it is possible that for this reason the Chairman of the Residents Association who is himself in his 80s might in fact be turning a blind eye, despite the fact that he is not a particularly pleasant man. Either that or he knows that I am in the right and does not want me to rock the boat by delving too deeply into the terms of the lease. He has never wanted dogs on the premises.
He might not want dogs on the premises but unfortunately for him and fortunately for you, he is stuck with it. As I said before, I don’t think he is turning a blind eye at all, I do not think that he has a leg to stand on
once you buy the lease of the flat, the idea of the lease is that there is certainty. The certainty applies to the covenants in the lease and you are entitled to rely on them. Not keeping pets is no different than paying the rent or being able to use the common parts or actually leasing the kitchen! Whatever is in the lease at outset remains all the way through it unless you agree otherwise which clearly, you did not do and would not have done.
I have nowreceived an email which thas been forwarded to t everyone stating that I am a nuisance and inconsiderate to the other residents by continuing to have my daughter's dog to stay How can I put a stop to this Is there any way I can get a solicitos letter that I can send to all these people
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