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    Flat Living
    Home » The Law of Pets in Properties: Lease, Freehold & Rental

    The Law of Pets in Properties: Lease, Freehold & Rental

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    By Flat Living on October 1, 2020 About Your Lease

    The UK is a pet loving nation, so what does this mean for residential living in the UK? Laura Severn, Director at LMP Law, digs into the ins and outs of ‘no pets’ clauses.

    Dogs, cats, birds, rodents, and reptiles….we can’t get enough.  As a matter of fact, every year the charity PDSA works with the government to provide us some lovely statistics to prove our love. 

    Here’s a snapshot:

    • 50% of UK adults own a pet
    • 24% of UK adults have a cat with an estimated population of 10.9 million pet cats
    • 26% of the UK adult population have a dog with an estimated population of 9.9 million pet dogs
    • 2% of the UK adult population have a rabbit with an estimated population of 900,000 pet rabbits

    But what does this mean when it comes to LEASES and RESIDENTIAL LIVING?

    Firstly, let’s remind ourselves what a lease is.

    A lease is a contract.  A contract is a legally binding document that recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law.

    A lease, therefore, is a contract outlining the terms under which one party agrees to rent property owned by another party. 

    It guarantees the lessee, also known as the tenant, use of an asset and guarantees the lessor, the property owner or landlord, regular payments for a specified period in exchange. 

    Of course, a lease is not just a rental agreement.

    We’ll go onto discuss the differences of buying a flat versus renting a flat next.

    Pets in a Freehold, Leasehold or Rental Flat

    Are you buying a flat to live in or buying a flat to sub-let? Is the flat you’re buying part of a freehold (probably not) or is it a leasehold? All things to take into consideration.

    Freehold Flat

    Firstly, your conveyancer (the legal side of a purchase) would retrieve the Title Deeds from the Land Registry and then be able to report back to you to with what you could do such as sublet the property, carry out alterations, or keep any pets. 

    Hang on, what are Title Deeds?

    Title deeds are paper documents showing the chain of ownership for land and property. The Land Registry keeps digital copies on file, so they are easy to access and upload. Most lawyers will have an account with the Land Registry so easy to access, although there is a small fee.  The Title Deeds can include:

    • Conveyances
    • Contracts for sale
    • Wills
    • Mortgages
    • Leases

    Let’s face it, most flats in the UK are LEASEHOLD, but you can buy the freehold from the landlord along with other leaseholders agreeing to buy a share with you. Or this is what has happened previously. This option obviously gives you more control of your home.  

    The Lease you have bought means you can extend it fairly easily for up to 999 years- you have to set up a company to manage the building, or get a managing agent to do it for you, but then what about pets?! 

    You will now have greater ability to devise the rules and regulations of the development.

    Leasehold Flat

    Pets….can you keep them? This now all depends on the terms of the Lease. 

    When you purchase your flat, you will be entering into a world of service charges, ground rent and whether you can keep a pet in your property. 

    Seems strange if you’re buying the flat, right? Which is why it’s so important to ask so many questions and READ YOUR LEASE before signing off on anything.

    Most flat purchases are on a leasehold basis, which means it will have a leasehold title. The lease should list restrictions, covenants, and obligations by which you must abide.

    The lease may prohibit keeping a pet in the flat, or it may say that a pet can be kept with the prior written consent of the landlord. The lease could state that the landlord’s consent may not be unreasonably withheld, but also that it may be revoked at any time. As lawyers, we can’t emphasis enough how important it is to read your lease before you sign on the dotted line.

    Some pets, to some people, can be seen as a “nuisance”, so any lease is likely to include covenants stating that the leaseholder must not do or allow anything to be done on or at the property which would constitute a nuisance. The classic pet nuisance is a barking dog.

    What if there is no mention of pets in the lease?

    Don’t assume that because the lease doesn’t mention pets that the landlord will be happy about it.  Always best to check first, because the landlord could refuse permission on the basis that pets aren’t allowed under the general nuisance clause. We’d always want to keep leaseholders, landlords and managing agents happy and avoid disputes so we’d possibly err on the caution here, because although you could try bringing a pet into the property if the lease doesn’t mention anything, and say the landlord then finds out and bans the pet.

    You could take the issue to court and it would be a hassle for the landlord to enforce its side without sufficient evidence of what is causing a “nuisance”. 

    Rental Flat

    Who are the people any of us who rent need to check with regarding our beloved pets? 

    The Landlord and the Managing Agent, that’s who. We’re saying managing agent rather than letting agent in this article as flats are normally managed by block managers.

    Why are landlords so reluctant to let tenants keep a pet in their rental flat?

    In a short answer, potential damage, and noise disturbance.  Most of the disputes are from dog barking, but cat fur can be extremely allergic and all in all, it’s easier for a landlord to re-let a property especially if there are no signs of previous pets. Smell is also a big factor!

    Rather than a lease contract, as a renter you will need to sign a tenancy agreement. In the tenancy agreement you will see if there is a “no pets” clause in it. Check it before you fall in love with the flat or if you own a pet but then realise the tenancy prohibits them.

    If a landlord DOES allow pets, but there’s no mention of a “pet clause” in the tenancy agreement, you should make sure you get their permission in writing. 

    As a professional landlord however, they might have a covenant that allows them to withdraw their agreement if problems arise (damage to the property or issues of having a pet that might impact the neighbours).

    Build to Rent Schemes

    Depending on your budget, there are more and more B2R schemes going ahead and last year Sailmakers set out with their purpose-built high-rise scheme of 327 rental flats brings a new type of housing to the Canary Wharf district. 

    These rental flats offer “pet-friendly” apartments, together with the new “lifestyle experience” of having a business lounge, private cinema, yoga classes, laundry service, car parking…..etc. Nice, if you can afford it!

    Conclusion and Advice

    If you are a landlord for a purchased flat or a landlord for a rental flat, it’s worth thinking about what works for you as an individual or as a company. 

    “No pet” clauses may be a simple solution, but as the UK is an animal loving nation, and through Covid the isolation meant that many of us desperately craved the company of a pet, there might be food for thought on how to work alongside this issue. 

    Is the area you have rental properties in competitive? You might be missing out on golden opportunities as there will be more searchers hoping for a home with their pet, and therefore you could charge a premium rent.

    The golden rule as lawyers we would advise on is to communicate before you sign on the dot. Read your lease first, read your tenancy agreement first. It’s a lot easier, cheaper, and less stressful to walk away before you move in, rather than to get into a long running dispute over something that could result in a breach of a contract.

    Laura Severn is a Director at LMP Law, specialist lawyers with a keen focus on the property management industry, with over 20 years combined experience in property law.

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    At Flat Living we provide information and guidance from leading industry contributors for leaseholders, residents management companies, residents associations, Right to Manage Companies, Freeholders, Landlords and Property Managing Agents.

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