News & Insights

For many of us, pets are part of the family. However, if you live in a leasehold flat in the UK, understanding the rules in leasehold agreements and ensuring your pet can stay with you can be challenging.

A leasehold agreement is a legal contract that details how the property can be used, who handles maintenance, and whether pets are allowed. For pet owners, this can be crucial, as restrictions vary widely.

A common covenant found in residential leases, “no pets without consent,” should not be overlooked. This was emphasised in the High Court case Victory Place Management v Kuehn, where a judge ruled against allowing a dog in a flat. The owner’s reasoning, “I love my dog,” was deemed insufficient evidence.

The lease prohibited pets unless the residents’ management company, representing the flat owners, gave written consent. With a strict “no pets” policy reflecting the other tenants’ wishes, the owner’s request was denied. Although the company stated they would consider specific circumstances like the need for a Guide Dog, no medical evidence was supplied; the owner argued only that the dog had a therapeutic effect.

Despite the refusal, she moved in with the dog. The management company obtained an injunction to have the dog removed. On appeal, the High Court upheld the decision, confirming the company had acted lawfully and reasonably.

This case highlights key considerations for both leaseholders and landlords of long term lets;

Leaseholders should review all the management company rules and regulations carefully before moving in. If you own a pet, it’s best to communicate openly and not assume restrictions won’t be enforced.

It’s also worth noting that pets aren’t the only potential restrictive clause in a property lease and you should look out for others. Subletting may seem an obvious one but even certain structural renovations or alterations, fixtures and fittings, or running a business from the premises may not be allowed.

Management companies are advised to follow a fair, consistent process when assessing consent requests, not just for pets but other regulations as well.

By addressing these issues proactively, conflicts can often be avoided. For further advice on any issues relating to rules governing the use of flats please contact one of our team today.