Leasehold No Pets Clause

Can you have pets in a leasehold property?

A lease can sometimes include a leasehold no pets clause, excluding you from being able to keep pets in the flat, which can often lead to a very tough decision to be made when buying the property.

Do you pull out from the purchase altogether, leave your pet behind, or do nothing and see what would happen if you get caught? We do not advise breaching your lease because the freeholder would be entitled to take action against you when they eventually find out - read on for more info on this.

Can a landlord refuse pets?

Yes, a freeholder can ban pets through a leasehold no pets clause. For most, the choice of leaving their beloved pet behind is out of the question, so they will simply pull out of the purchase of a no pets leasehold flat; but do you need to? There are ways to get around this issue, but you'll need support from your solicitor to do this.

• How do you find out if you can't have a pet in your property?
• I want to keep pets in a leasehold flat - what can I do?
• What if I move in and the freeholder finds out later that I'm keeping pets?

How do you find out if you can't have a pet?

The reason for the issue is that every leasehold property has a lease, which sets out how you can live in the flat/property. Much like a rental agreement, it details your rights and obligations under the lease that you, the leaseholder, must abide by as part of your obligations to the freeholder. The type of wording you should look for within your lease is as follows:

"Not to keep any bird, reptile, dog or other animal in the Demised Premises"

The challenge is that you may not have a chance to examine the lease until quite far into the conveyancing process, which means you have most likely spent an excess of £1,000 in costs for mortgage valuations, legal fees, survey costs and property searches.

Pets aren’t the only subject of restrictive clauses within a lease and you can often see others which impose restrictions on:

• subletting
• laying wooden flooring
• removal of internal walls
• hanging clothes outside of your windows
• or even having a sky dish

You can find out more about all the complexities of buying a leasehold property by reading our simple guide to Buying a Flat.

I want to keep pets in a leasehold flat - What can I do?

Clauses stopping you from having a pet in the property are very common, and so it is equally common that purchasers look to get this changed. You can address the issue by informing your solicitor that you own a pet, and the freeholder must consent. It can support your request if you know other leaseholders have pets in the flat.

• Freeholder gives consent to waive the no pet clause

This is the best outcome, where the freeholder consents pets to live in the property. To get this consent, your solicitor needs to formally request this directly with the freeholder and they should notify the freeholder if there are other flats where there are pets in the property.

Once the freeholder gives the consent, some solicitors will be happy to have this consent in writing to be used in the future if there is ever a dispute. Other solicitors will want to draft a deed of variation to be registered at the Land Registry alongside the lease. The cost of a deed of variation depends on your solicitor but can cost in the region of £300 to £800 EXC VAT.

• Freeholder doesn't give consent to waive the no pet clause

There is no guarantee the freeholder will give consent and we have had a case recently where the developer refused any pet on a new build property. If this is the case, then you have to decide whether you want to proceed with the purchase, either by getting rid of your pet or ignoring the clause and face the consequences of any come back from the freeholder.

"No Pets Leasehold Flat" - What if I move in and the freeholder finds out later that I'm keeping pets?

If you breach the leasehold flat no pets clause in your lease by having a dog, cat or a forbidden pet, then you could be taken to court by the freeholder for breaching the terms of your lease, and the court might order you to remove the pet from the property.

On the other hand, it is possible that a more easy-going freeholder might accept the situation as long as the pets are not behaving antisocially and causing complaints from other leaseholders. You should never assume this would be a likely outcome: it is a bad idea to breach any terms of your lease knowingly.

Ultimately, if you're looking to buy a home or a flat and are a pet lover, you should be aware that leasehold contracts may restrict pet keeping or even ban it. Your best ally is an experienced conveyancing solicitor, able to spot restrictive leasehold conditions and if the situation warrants it, able to negotiate and draft an appropriate deed of variation.