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Share of freehold pets policy

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  • Share of freehold pets policy

    I own a share of freehold flat where the freehold is owned by a limited company and the five flat owners are equal shareholders. I’m trying to sell my flat and received an offer from a lady who had a small dog. The lease for the flats states that pets are permitted only with the written permission of the landlord and that permission can be granted or revoked at the absolute discretion of the landlord. The potential purchaser wanted to have certainty upfront that she could bring her dog with her to the flat so
    we asked the other freeholders. Three of the other owners said ‘no’ despite the lady’s claims that her dog was small, old, and quiet, and would never be allowed in any shared areas. As a result the lady understandably withdrew her offer.
    It does seem that the freeholders are absolutely within their rights to decline pets for any or no reason but it’s frustrating to have lost my buyer and that I now have to decline viewings from any potential purchaser who has or wants pets.

    Any thoughts appreciated on whether this blanket ‘no pets’ rule of the current freeholders can be challenged given the lease in theory allows pets, albeit at the landlord’s discretion.
    Tags: None

  • #2
    If it were a blanket ban then you may have a case to argue it’s an unfair term but it’s not a blanket ban as they have added a provision allowing for permission to be requested ,so it’s legal.

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    • #3
      Here's some info, (posted for info only):

      https://www.judge-priestley.co.uk/si...ncy-agreements

      Comment


      • #4
        Ukmicky Thank you - in practice it is a blanket ban as they’ve stated that they will not approve any such request. If it is legal for them to do so then I guess that won’t change, so no pets will be allowed in the block going forward.

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