As with many other queries leaseholders have, the answer to this very important question will sit within the lease for your individual property.
Your lease could contain one of three options:
- The lease does not mention pets at all. In that case, taking into account any other clauses surrounding nuisance and disturbance, it would generally be ok to conclude that yes, you may keep a pet.
- The lease may contain a total prohibition on the keeping of pets. This would mean that it no circumstance, could you keep a pet in your property. Failing to comply with that rule could cause a whole series of issues, including the landlord/management company taking action for breach of the lease. This could ultimately result in you being forced to give up your much loved pet. There is sometimes a small chance that the landlord will vary a lease to allow for the keeping of a pet but a landlord is under no obligation to do so. The cost of this variation could be expensive, even if the landlord does concur, as it is likely that if one lease is being varied, other residents will step forward and expect the same treatment.
- The lease may allow for the keeping of pets, but subject to a number of conditions. Those conditions could include a) first obtaining consent from the landlord/management company, b) ensuring that the pet does not cause a nuisance or disturbance to the other owners or occupiers and c) ensuring that the pet is not left unattended in the communal areas or allowed to roam in the communal gardens.
In that third scenario, the best course of action would be to request consent before committing to any pet. There would be nothing worse than forming a bond with a new pet to later find out that he/she has to be given up because your application for consent has been refused.
If the consent is approved, take careful note of any conditions. The landlord may be able to revoke the consent if the pet starts causing an annoyance to other occupiers. A small puppy that yaps all night for example, is if likely to cause an annoyance to some and would result in the consent being withdrawn, which could be heartbreaking.
The landlord may well charge a fee for considering and issuing any formal consent
As with other applications for consent, the landlord may well charge a fee for considering and issuing any formal consent, so find out the fees first! At Mandeville, we do not charge a fee for dealing with any such requests.
Finally, in addition to complying with your lease terms, thought should be given to the type of pet that is suitable for living in a flat. Animals that need ample space and regular outdoor exercise are probably not going to be suitable. Always talk to a specialist before you commit.
Remember, every lease is different and so if any doubts, do seek expert advice. For further information, please get in touch.
