I am a leaseholder of a flat which I have let to tenants. I am being threatened with "legal action" (presumably a breach of my lease) by the freeholder, due to an allegation made against my tenants, and I'm trying to understand the process which should be followed, and the possible consequences.
The tenants have a cat, which is allowed under the tenancy agreement and the lease. Another leaseholder has (probably maliciously) complained to the management company that the cat is causing a fouling nuisance, and the management company has written to me saying that the pet must be disposed of, threatening me with vague "legal costs" if it is not.
The lease that I have with the freeholder does not prohibit pets, however it does have a clause which says that if a complaint is made against a pet, that the pet must be disposed of. There are no caveats to this clause in the lease, that would require proof of the complaint being true or anything else. As part of the tenancy agreement, my tenants have agreed to abide by the lease agreement. My tenants responded positively to the complainant's initial concerns, and seemingly the situation was resolved, but now it seems to have returned with a vengeance!
I'm trying to understand the process which should be taken by all parties to resolve this, and would appreciate any input.
What process would I need to go through to force the tenants to dispose of the cat? They are on a 12-month AST. Is it likely that the tenants could fight such a seemingly unreasonable clause (especially given that the complaint is probably unproven and malicious)?
Can the freeholder take me to court if the cat is not disposed of (I guess so)? Is there a legal process that must be followed to do that? Would some kind of dispute resolution process need to be taken before actually going to court?
The flat is in a block of about 20 flats (surrounded by similar blocks) and I would guess that nearly half the flats have cats. I strongly suspect that the allegation is from a leaseholder that is well-known for making unfounded complaints about others in the block. The allegation is probably unfounded or may even be down to completely different cats in the block.
Thanks for any input anyone can give me!
The tenants have a cat, which is allowed under the tenancy agreement and the lease. Another leaseholder has (probably maliciously) complained to the management company that the cat is causing a fouling nuisance, and the management company has written to me saying that the pet must be disposed of, threatening me with vague "legal costs" if it is not.
The lease that I have with the freeholder does not prohibit pets, however it does have a clause which says that if a complaint is made against a pet, that the pet must be disposed of. There are no caveats to this clause in the lease, that would require proof of the complaint being true or anything else. As part of the tenancy agreement, my tenants have agreed to abide by the lease agreement. My tenants responded positively to the complainant's initial concerns, and seemingly the situation was resolved, but now it seems to have returned with a vengeance!
I'm trying to understand the process which should be taken by all parties to resolve this, and would appreciate any input.
What process would I need to go through to force the tenants to dispose of the cat? They are on a 12-month AST. Is it likely that the tenants could fight such a seemingly unreasonable clause (especially given that the complaint is probably unproven and malicious)?
Can the freeholder take me to court if the cat is not disposed of (I guess so)? Is there a legal process that must be followed to do that? Would some kind of dispute resolution process need to be taken before actually going to court?
The flat is in a block of about 20 flats (surrounded by similar blocks) and I would guess that nearly half the flats have cats. I strongly suspect that the allegation is from a leaseholder that is well-known for making unfounded complaints about others in the block. The allegation is probably unfounded or may even be down to completely different cats in the block.
Thanks for any input anyone can give me!