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Can I object to a daytime dog kennel being installed underneath my leasehold flat?

I own a leasehold flat in London, above some commercial premises, and an application has been made to install a daytime dog kennel right underneath my flat. 

We’re in the process of complaining, what legal objections can we raise?

We speak to some legal experts about the best way to raise objections about a new daytime dog kennel being installed at a block of flats

We speak to some legal experts about the best way to raise objections about a new daytime dog kennel being installed at a block of flats

MailOnline Property expert Myra Butterworth said: Being a leasehold can be fraught with difficulties.

A good starting point in most cases where issues arise at your property is to begin by carefully reading through the details of the lease. 

In this case, some of the points you need to look our for in your lease include something called a covenant of quiet enjoyment, which outlines how a freeholder cannot interfere with your use of the property as a residential space. 

However, such covenants may be qualified in some way, meaning that you may have to find another way of objecting to the new kennels. 

This may mean using a legal principle called ‘derogation from grant’, for example. (Scroll down for more information on this.)

We speak to two legal experts about some of your options, to help stop a daytime dog kennel being run from beneath your flat.

Liam Spender, a trustee of the Leasehold Knowledge Partnership, and a senior associate at Velitor Law, said: The first question is what, if anything, is already there and what is the nature of it.

For example, if there is already a supermarket there, you would not expect it to cause a lot of noise during the day as a supermarket is relatively quiet as far as commercial premises go.

Liam Spender is a trustee of the Leasehold Knowledge Partnership

Liam Spender is a trustee of the Leasehold Knowledge Partnership

It is all to do with the basis on what the character of the building was, or was intended to be, when you bought. 

If you bought on the basis that the block is primarily residential use and it is relatively quiet, with only light commercial use then that is one thing. 

But if the freeholder then decides to put in a concert venue in the basement, then that is clearly another thing. It engages a legal principle called derogation from grant.

It means you can’t give with one hand and take with the other. 

So if I give you a 999 year lease of a piece of land, I can’t then box that same land in so that it is impossible for you to get to it. That would be a derogation from grant.

In this case, it means the freeholder can’t change the character of the building so that the tenants have to put up with yapping dogs all hours of the day. 

Legal experts say the landlord can’t change the character of the building in a way that forces tenants to put up with yapping dogs all hours of the day

Legal experts say the landlord can’t change the character of the building in a way that forces tenants to put up with yapping dogs all hours of the day

In virtually all leases on flats, there is also a covenant of quiet enjoyment, which says that the landlord cannot interfere with your use of the property as a residential space.

In virtually all leases on flats, there is also a covenant of quiet enjoyment, which says that the landlord cannot interfere with your use of the property as a residential space.

Stephen Gold, ex-judge and author, explains: Planning permission may be needed for the kennels. This will depend on the present use of the premises. If required, you can object on noise and disturbance grounds.

A licence from the local authority will be required under the Animal Welfare Act 2006. I do not consider that you could object on noise and disturbance grounds.

If the kennels go ahead, it may be possible for you to bring county court proceedings on the ground that the noise from the kennels amounts to a legal nuisance. 

It may well become a nuisance if the noise interferes with your reasonable use and enjoyment of the flat.

The court would take account of the nature of the area. 

Noise that is classified as a nuisance in a leafy residential road in the suburbs may well not be classified as a nuisance in the middle of Soho.

Stephen Gold is a retired judge and author of 'The Return of Breaking Law'

Stephen Gold is a retired judge and author of ‘The Return of Breaking Law’

If satisfied that a nuisance had been proved, the court could grant an injunction which prevented future use of the premises as kennels or required the business to take certain steps to minimise the noise.

Alternatively, it could order the business to pay you compensation. 

Courts are more flexible these days in awarding compensation as against an injunction where the nuisance is at the lower end of the scale of seriousness. 

The sooner you puts the business on notice, by writing to them, that you intend to bring proceedings if the kennels go ahead, the stronger your quest for an injunction.

As an alternative to or in addition to proceedings against the business, you might have a claim against your landlord who I understand also owns the premises intended to be used as kennels.

The claim would arise if, in your lease, the landlord had covenanted (promised) that you would have peaceful enjoyment of his flat. 

This is a common covenant in residential leases. It means that the tenant would have ‘undisturbed and peaceful habitation’ of where they lived.

The degree and nature of noise that could amount to a legal nuisance could also amount to breach of such a covenant – again leading to an injunction or compensation. You should check your lease. 

If you have the benefit of a covenant for peaceful enjoyment, you should immediately inform your landlord that the noise emanating from the intended kennels business would constitute a breach of it and that, if it proceeded, you would have to take the landlord to court to put a stop to it.

Stephen Gold is an ex-judge and author of ‘The Return of Breaking Law’ published by Bath Publishing. For more on service charges, go to breakinglaw.co.uk

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Would YOU live here? Seaside cottage with stunning coastal views is branded ‘uninhabitable’ and ‘unsafe’ in listing – but is on the market for just £75,000

  • Woodbine Cottage in Ardersier, near Inverness has been put on the market 
  • The four-bedroom home has remarkable views of the Moray Firth 

A seaside cottage with stunning coastal views has been branded ‘uninhabitable’ and ‘unsafe’ in its listing – but has still gone on the market for just £75,000.

Potential buyers of Woodbine Cottage in Ardersier, near Inverness, may get some remarkable views of the Moray Firth, but also face a massive renovation job to make the building fit to live in.

Photos show the interior of the four-bedroom home, which has been vandalised and left littered with old clothes and belongings.

The property will require extensive works throughout, but Auction House Scotland believes it ‘offers a fantastic opportunity to create a stunning family home’.

The house, which includes a garage, has been ‘extensively extended’ to create a total floor area of over 350 sqm – which could be converted into a family home or a rental opportunity.

Woodbine Cottage in Ardersier, near Inverness, comes with a remarkable view of the Moray Firth - but potential buyers face a massive renovation job

Woodbine Cottage in Ardersier, near Inverness, comes with a remarkable view of the Moray Firth – but potential buyers face a massive renovation job

Photos show the interior of the home, which has been vandalised and left littered with old clothes and belongings

Photos show the interior of the home, which has been vandalised and left littered with old clothes and belongings

The seaside cottage has been branded 'uninhabitable' and 'unsafe' in its listing

The seaside cottage has been branded ‘uninhabitable’ and ‘unsafe’ in its listing

The property will require extensive works throughout, but Auction House Scotland believe the house 'offers a fantastic opportunity to create a stunning family home'

The property will require extensive works throughout, but Auction House Scotland believe the house ‘offers a fantastic opportunity to create a stunning family home’

‘The property further offers garden areas to front and rear, with the upper floor balconies enjoying great views over the Moray Firth,’ reads the listing.

‘The property is currently unhabitable, hence no Home Report is available, but a full programme of works would add massive value and offers the opportunity to adapt the current accommodation format subject, of course, to any required permissions/warrants.

‘The potential and value on offer is sure to attract strong levels of demand and, as such, early viewing is essential to avoid missing out.’ 

The original stone built dwelling has been extensively extended with the addition of north and south wings to create a total floor are in excess of 350 sq.

Auction House Scotland believe the property offers a fantastic opportunity to create a ‘stunning family home’ or to be rented out to holidaymakers. 

They also claim that a full programme of works would add ‘massive value’ to the building. 

The stunning view of the Moray Firth seen from the property

The stunning view of the Moray Firth seen from the property 

Auction House Scotland believe the property offers a fantastic opportunity to create a 'stunning family home' or to be rented out to holidaymakers

Auction House Scotland believe the property offers a fantastic opportunity to create a ‘stunning family home’ or to be rented out to holidaymakers

They also claim that a full programme of works would add 'massive value' to the building

They also claim that a full programme of works would add ‘massive value’ to the building

Once renovations are completed, the property will have a council tax band of C.

Mandi Cooper, Managing Director of Auction House Scotland, said: ‘Woodbine Cottage is certainly a project suited to a keen developer or investor, and it deserves to be lovingly renovated back to its former glory.

‘With huge opportunity to add value, and holiday lets in the Highlands being an ever-popular way to generate income, this would also be ideal for serviced accommodation providers.’

Woodbine Cottage will go to auction on May 30 with Auction House Scotland, with a viewing date of May 22

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Top 10 Florida Cities Dominate The Business Startup Landscape In The U.S.

Top 10 Florida Cities And Business Startup Landscape In The U.S.

The Voice Of EU | Florida emerges as a hub for entrepreneurial endeavors, with its vibrant business landscape and conducive environment for startups. Renowned for its low corporate tax rates and a high concentration of investors, the Sunshine State beckons aspiring entrepreneurs seeking fertile grounds to launch and grow their businesses.

In a recent report by WalletHub, Florida cities dominate the list of the top 10 best destinations for business startups, showcasing their resilience and economic vitality amidst challenging times.

From Orlando’s thriving market to Miami’s dynamic ecosystem, each city offers unique advantages and opportunities for entrepreneurial success. Let’s delve into the chronologically listed cities that exemplify Florida’s prominence in the business startup arena.

1. Orlando Leads the Way: Orlando emerges as the most attractive market in the U.S. for business startups, with a remarkable surge in small business establishments. WalletHub’s latest report highlights Orlando’s robust ecosystem, fostering the survival and growth of startups, buoyed by a high concentration of investors per capita.

2. Tampa Takes Second Place: Securing the second spot among large cities for business startups, Tampa boasts a favorable business environment attributed to its low corporate tax rates. The city’s ample investor presence further fortifies startups, providing essential resources for navigating the initial years of business operations.

3. Charlotte’s Diverse Industries: Claiming the third position, Charlotte stands out for its diverse industrial landscape and exceptionally low corporate taxes, enticing companies to reinvest capital. This conducive environment propels entrepreneurial endeavors, contributing to sustained economic growth.

4. Jacksonville’s Rising Profile: Jacksonville emerges as a promising destination for startups, bolstered by its favorable business climate. The city’s strategic positioning fosters entrepreneurial ventures, attracting aspiring business owners seeking growth opportunities.

5. Miami’s Entrepreneurial Hub: Miami solidifies its position as a thriving entrepreneurial hub, attracting businesses with its dynamic ecosystem and strategic location. The city’s vibrant startup culture and supportive infrastructure make it an appealing destination for ventures of all sizes.

6. Atlanta’s Economic Momentum: Atlanta’s ascent in the business startup landscape underscores its economic momentum and favorable business conditions. The city’s strategic advantages and conducive policies provide a fertile ground for entrepreneurial ventures to flourish.

7. Fort Worth’s Business-Friendly Environment: Fort Worth emerges as a prime destination for startups, offering a business-friendly environment characterized by low corporate taxes. The city’s supportive ecosystem and strategic initiatives facilitate the growth and success of new ventures.

8. Austin’s Innovation Hub: Austin cements its status as an innovation hub, attracting startups with its vibrant entrepreneurial community and progressive policies. The city’s robust infrastructure and access to capital foster a conducive environment for business growth and innovation.

9. Durham’s Emerging Entrepreneurship Scene: Durham’s burgeoning entrepreneurship scene positions it as a promising destination for startups, fueled by its supportive ecosystem and strategic initiatives. The city’s collaborative culture and access to resources contribute to the success of new ventures.

10. St. Petersburg’s Thriving Business Community: St. Petersburg rounds off the top 10 with its thriving business community and supportive ecosystem for startups. The city’s strategic advantages and favorable business climate make it an attractive destination for entrepreneurial endeavors.

Despite unprecedented challenges posed by the COVID-19 pandemic, the Great Resignation, and high inflation, these top Florida cities remain resilient and well-equipped to overcome obstacles, offering promising opportunities for business owners and entrepreneurs alike.


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European Startup Ecosystems Awash With Gulf Investment – Here Are Some Of The Top Investors

European Startup Ecosystem Getting Flooded With Gulf Investments

The Voice Of EU | In recent years, European entrepreneurs seeking capital infusion have widened their horizons beyond the traditional American investors, increasingly turning their gaze towards the lucrative investment landscape of the Gulf region. With substantial capital reservoirs nestled within sovereign wealth funds and corporate venture capital entities, Gulf nations have emerged as compelling investors for European startups and scaleups.

According to comprehensive data from Dealroom, the influx of investment from Gulf countries into European startups soared to a staggering $3 billion in 2023, marking a remarkable 5x surge from the $627 million recorded in 2018.

This substantial injection of capital, accounting for approximately 5% of the total funding raised in the region, underscores the growing prominence of Gulf investors in European markets.

Particularly noteworthy is the significant support extended to growth-stage companies, with over two-thirds of Gulf investments in 2023 being directed towards funding rounds exceeding $100 million. This influx of capital provides a welcome boost to European companies grappling with the challenge of securing well-capitalized investors locally.

Delving deeper into the landscape, Sifted has identified the most active Gulf investors in European startups over the past two years.

Leading the pack is Aramco Ventures, headquartered in Dhahran, Saudi Arabia. Bolstered by a substantial commitment, Aramco Ventures boasts a $1.5 billion sustainability fund, alongside an additional $4 billion allocated to its venture capital arm, positioning it as a formidable player with a total investment capacity of $7 billion by 2027. With a notable presence in 17 funding rounds, Aramco Ventures has strategically invested in ventures such as Carbon Clean Solutions and ANYbotics, aligning with its focus on businesses that offer strategic value.

Following closely is Mubadala Capital, headquartered in Abu Dhabi, UAE, with an impressive tally of 13 investments in European startups over the past two years. Backed by the sovereign wealth fund Mubadala Investment Company, Mubadala Capital’s diverse investment portfolio spans private equity, venture capital, and alternative solutions. Notable investments include Klarna, TIER, and Juni, reflecting its global investment strategy across various sectors.

Ventura Capital, based in Dubai, UAE, secured its position as a key player with nine investments in European startups. With a presence in Dubai, London, and Tokyo, Ventura Capital boasts an international network of limited partners and a sector-agnostic investment approach, contributing to its noteworthy investments in companies such as Coursera and Spotify.

Qatar Investment Authority, headquartered in Doha, Qatar, has made significant inroads into the European startup ecosystem with six notable investments. As the sovereign wealth fund of Qatar, QIA’s diversified portfolio spans private and public equity, infrastructure, and real estate, with strategic investments in tech startups across healthcare, consumer, and industrial sectors.

MetaVision Dubai, a newcomer to the scene, has swiftly garnered attention with six investments in European startups. Focusing on seed to Series A startups in the metaverse and Web3 space, MetaVision raised an undisclosed fund in 2022, affirming its commitment to emerging technologies and innovative ventures.

Investcorp, headquartered in Manama, Bahrain, has solidified its presence with six investments in European startups. With a focus on mid-sized B2B businesses, Investcorp’s diverse investment strategies encompass private equity, real estate, infrastructure, and credit management, contributing to its notable investments in companies such as Terra Quantum and TruKKer.

Chimera Capital, based in Abu Dhabi, UAE, rounds off the list with four strategic investments in European startups. As part of a prominent business conglomerate, Chimera Capital leverages its global reach and sector-agnostic approach to drive investments in ventures such as CMR Surgical and Neat Burger.

In conclusion, the burgeoning influx of capital from Gulf investors into European startups underscores the region’s growing appeal as a vibrant hub for innovation and entrepreneurship. With key players such as Aramco Ventures, Mubadala Capital, and Ventura Capital leading the charge, European startups are poised to benefit from the strategic investments and partnerships forged with Gulf investors, propelling them towards sustained growth and success in the global market landscape.


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