“Paws” for thought
before entering
into a lease
A timely reminder always to consider the terms of your lease before it is entered into
and/or before taking any step which might be in breach of its terms involves Mr & Mrs Kuehn who brought a dog into their penthouse flat in East London. Their lease contained a typical covenant that they wouldn’t keep any dog, bird, cat or other animal or reptile in the property without first obtaining the permission of the management company.
The management company refused permission and said that no pets were allowed following a previous vote by leaseholders. It obtained an injunction requiring the dog’s removal and Mr & Mrs Kuehn appealed arguing that:-
• There was an implied lease term that the management company would act in good faith;
• A rational decision making process must be followed;
• The blanket ban on pets indicated that the management company’s mind had already been made up and so it did not consider the particular circumstances.
Their appeal failed. Mr & Mrs Kuehn claimed that the dog had a therapeutic effect but no medical evidence was produced to support the existence of any special circumstances. Therefore the management company was justified in refusing consent and the Kuehns now face a significant costs bill as well as having to re-home their pet.
The lessons to be learned by tenants are always to consider the terms of your lease, and not to assume consent that will be granted or that the pets covenant in your lease won’t be enforced.
The decision may also have wider applications to other covenants where the lease doesn’t contain an express qualification on how a freeholder or management company is to exercise its discretion.
For assistance on any landlord and tenant related issue please do not hesitate to contact Debbie Whiteley on or at dfw@nexussolicitors.co.uk.
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