We are facing court action because we have cats. Our lease deeds states 'Not to keep at the property or on the development any animals livestock birds or pets' My partner was unaware of this clause when she bought the flat approx 18 years ago. Having pets has never been challenged until now.
3 of our residents formed a company and bought the freehold. They are now enforcing the clause on the deed. One director has previously had a cat for many years and one sublets his second flat and regularly dog sits in his other flat.
We have applied for a deed of variation regarding keeping the cats. This was declined without even reading our request. We proposed a very lengthy list of proactive measures to halt to cats from roaming to the area of the garden where the previously cat owning director has complained. This was dismissed without discussion.
we applied for deed of variation to either sublet our flat or make it a desirable property to an investor. This to allow us to move and start over. This too was declined!
So, we have tried everything we can to resolve to issue, but we have been blocked on every turn.
2 weeks to go until court proceedings start. We have been told by a few solicitors that the most likely outcome would be that the judge would say the directors and management company are being totally unreasonable and that we can keep the cats. However, we would be liable for all the court costs which we just don't have.
Can you help us?