Flat Leases

[khaleesi]

I am looking at buying a flat that comes with a 1/3 share of the freehold included (there are only 3 flats in the building). The lease states that pets are not permitted, however one of the occupants has a dog, and there is a cat flap in the flat I am looking at buying. My question is, what is the worst that can happen if I buy it, move in with my dog and then find that one of the owners isn't happy and starts to complain. I was going to talk to the other owners, but annoyingly one of the other flats is also for sale.

[Buenchico]

See here
https://www.lease-advice.org/faq/what-happens-if-i-breach-the-terms-of-my-lease/
but note that, as you'd own one third of the freehold, the 'landlord' referred to on that page would be the residents' management company, which you'd have a one-third share in.

[khaleesi]

arrrrrr, so worst case I could lose 2/3s of the flat I own. It does say that the law restricts the use of this though. Do you really think this could happen? maybe I should talk to my solicitor.

[Buenchico]

>>> maybe I should talk to my solicitor

That sounds like a good idea to me. There are loads of leasehold restrictions and covenants on freehold properties that get widely ignored. For example, no houses on the estate where I live are permitted to have an external TV aerial but, because it's an appalling area for TV reception, every house has got one. Similarly all of the gardens around here are meant to be 'mainly laid to lawn' but many of the front gardens have been paved over to provide parking spaces. Nothing ever happens about such breaches of covenants and it's quite possible that nobody will ever bother about similar breaches of the lease conditions in the flats you refer to. However you'd only need one bolshy resident to stir up trouble.

[Maydup]

In reality, the other two flat owners would have to be really, really unhappy with your dog, and be willing to take legal action against you to have the terms of the lease upheld. They probably wouldnt, but if it was really noisy and bothered them that much the outcome would legal requirement to remove the dog from the premises.

I'd be more concerned about the ability of the freeholders to manage the property myself. As a freeholder, you will be required to be director along with the other two, of a management company that insures the premises and maintains it. Again it might well be fine but if either of the other two doesnt engage you might have to take legal action to get them to contribute.

[khaleesi]

I know, people either love me or hate me and it will be just my luck that I get a stupid person that doesn't like dogs move in. I really want it though, i've been keeping an eye on the market for the last year and this is the first one in my price bracket with two bathrooms and a garden, plus there isn't a sole landlord.

[khaleesi]

really maydup, I was thinking that it's better run by us as most management companies take all the money and then do nothing

[albaqwerty]

I've no idea about freehold or leasehold matters, but as for the pooch, tell anyone who asks that it's a therapy dog.

Good luck with the house-hunting and I saw from your previous post that you've got the blinds/curtains resolved, so that was nice to read some good news x

[khaleesi]

Thank you so much albaqwerty, I was really anxious about moving into a rental, but my landlord has been so nice and it's made it a really positive experience.
I do struggle with my mental health, so the therapy dog idea could be feasible, although so does she so i'm not sure if anyone would believe me lol

[diddlydo]

I'd be fuming if I bought a flat in a "no pets" black and found out that another occupier had a pet.

[ladybirder]

So would I diddlydo if I wasn't a dog lover. A buyer could have an allergic reaction to them and took care to find a block that didn't allow animals. I have lived in a few flats in my life and the first thing I checked, and got in writing, was that dogs were allowed. I know someone who got taken to court for having a dog where it was stated in the lease no dogs allowed. She lost. Her dog was old and she begged to be allowed to keep it until it died and promised to not get another but they wouldn't agree.

[The Builder]

Considering that one occupant has a dog, and "your" flat has a cat-flap, I would imagine the best thing is to have a new lease drafted.

Perhaps the old one could be amended?

Easier said than done though. Everything would have to be in place (legally speaking) before you commit to buy. You could, of course take a chance and go ahead, then sort out the new lease afterwards.

There are only three of you. One with a dog, you and your dog, and one other that's for sale. The current owner of that one should consider that offering a flat where animals are allowed, may possibly make it more sellable.

[woofgang]

good idea Builder!

[The Builder]

Thanks Wooft ;o)

One other thing. You would have to negotiate with the others as to who pays the lawyers's bill.

Since it's to the advantage of all of you, there should be a solution somewhere.

[ladybirder]

It would be to your advantage if the person with the dog stays (is not selling)and the one without a dog is the one that is selling. That would be two with dogs once you move in and if the 3rd person disagreed they would be outvoted.

[The Builder]

Quite right, LadyB.

I was thinking that way myself, but I thought maybe the diplomatic solution first......... then, if necessary, the trump card ;o)

[khaleesi]

That's such a good idea Builder. The other one for sale is empty, and the other one has the dog, so it could well be that everyone aggress to change the lease. I'll go and view it and talk to my solicitor, i'm not sure how much lease changes are but I may just offer to pay it if it's just a few hundred.