I am currently trying to get a pet dog for my share of freehold flat (UK). The lease which covers all of the 7 flats that make up the management company currently has a clause prohibiting pets or animals without Landlord’s permission. A copy of the relevant paragraph is below: “3.10.14 Not at any time to keep any animals or pets on or at the Premises except with the prior written consent of the Landlord which consent may be revoked at any time by notice at the discretion of the Landlord.”
Under the Articles of the Management Company, all 7 of the flats are equal shareholders and therefore act collectively as the Landlord. The Articles also confirm that decisions are made based on the majority view, and that each shareholder has equal voting status. We have held the vote and this came back as 4 against, 2 (I could not vote due to conflict of interest) for, therefore rejecting the request.
It is worth noting that one flat already has a cat (agreed with the seller at the time of purchase that this was ok) and one flat has a dog (bought the dog prior to knowing a vote was required, when a vote was held they got approval as people felt it was too unfair to make them get rid of it). The question is whether there is anything I can do to get around this vote in order to get a dog? Having read around I was thinking that the OFT have published guidance on ‘fair’ clauses around keeping pets and that these should not just be a blanket ban. Therefore the clause I have is fair as it allows for Landlord’s permission. However, as the reasons provided by the Landlord are ‘we think you would be a responsible owner but don’t want to set a precedent for future residents who would not be so good and we don’t want other pets,’ my argument would be that the clause in itself is fair but the Landlord’s are not executing it in a fair capacity. Given one flat already has a dog and another a cat, I would also argue that the Landlord is not acting fairly and consistently.
Additionally; I have a separate front door and private patio which would ensure that the dog would not be on anyone else's property and could not damage communal areas as I don't use any myself.
Thanks for any help you can give.