Help with cat in leasehold flat - Director with passive/aggressive behaviour

davidmcn

teachfast said:
So I think there's an avenue not yet explored:-
You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.  This is an accurate description of her condition.  Therefore I am requesting evidence that you have taken this into account in your decision-making.

Under which section of the Equality Act do you think such a responsibility by freeholders to leaseholders is triggered? I don't think they're providing a service.

teachfast

davidmcn said:

teachfast said:
So I think there's an avenue not yet explored:-
You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.  This is an accurate description of her condition.  Therefore I am requesting evidence that you have taken this into account in your decision-making.

Under which section of the Equality Act do you think such a responsibility by freeholders to leaseholders is triggered? I don't think they're providing a service.

You’re protected from discrimination:

• at work
• in education
• as a consumer
• when using public services
• when buying or renting property
• as a member or guest of a private club or association

I'd say consumer, buying/renting and member of associate.  So that's three of those seven areas.

elsien

Apologies if I've missed this but you keep referring to others on the estate keeping pets.
Are the other blocks run by the same directors/management company as yours, as otherwise that's a bit of  red herring. 

teachfast

elsien said:

Apologies if I've missed this but you keep referring to others on the estate keeping pets.
Are the other blocks run by the same directors/management company as yours, as otherwise that's a bit of  red herring. 

I believe she said several time that it's the same management company.

davidmcn

teachfast said:

davidmcn said:

teachfast said:
So I think there's an avenue not yet explored:-
You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.  This is an accurate description of her condition.  Therefore I am requesting evidence that you have taken this into account in your decision-making.

Under which section of the Equality Act do you think such a responsibility by freeholders to leaseholders is triggered? I don't think they're providing a service.

You’re protected from discrimination:

• at work
• in education
• as a consumer
• when using public services
• when buying or renting property
• as a member or guest of a private club or association

I'd say consumer, buying/renting and member of associate.  So that's three of those seven areas.

Consumer as in the buyer of goods or services. Buying/renting is specifically covered in the Act (and the OP is doing neither, they've already bought). And we're not talking about an association or club.

Having the benefit of the covenants is a property right. The freeholder doesn't need to worry about unlawful discrimination in how they choose to enforce their property rights.

If the Equality Act applied generally then you'd see it being used elsewhere e.g. freeholders being obliged to make adaptations to common parts etc.

AdrianC

Claiming discrimination on the grounds of disability requires proof that denying the pet is failing to make a reasonable allowance to compensate for the person's disability.

WAY back in the first pages of this marathon thread, we asked if there was any medical proof or evidence whatsoever that the pet was required, beyond "Well, we think it helps". There wasn't. I doubt the GP has produced any evidence yet.

Emotional support aardvarks are not a thing this side of the Atlantic.

csgohan4

OMG this is 17 pages. Squabbling with strangers won't change your lease OP. 

The part where a cat is a necessity for a Chronic Lung condition made me chuckle. If I was asked to write a supporting letter, I would say 'On your bike'. 

Stop clutching at claws, keep the cat at your own risk, otherwise it will have to go as per management/lease

teachfast

It may be the DDA if the EA doesn't cover it. This is a useful guide to the transition:

https://www.lease-assn.org/leasehold-information-sheets/disability-adaptations.php#:~:text=In all the following provisions,letting or managing residential premises.

From that source:
The DDA 1995 was amended by the DDA 2005, which introduced the following requirements for let and leasehold premises. Landlords or managers are required to take reasonable steps to:

change a policy, practice or procedure which makes it impossible or unreasonably difficult for a disabled person to accept a letting, enjoy the premises or use any facility that the lease or tenancy specifies;

provide auxiliary aids and/or services; and

change the term of a letting or lease when requested to by a disabled person, or by someone with the authority to act on their behalf.

The explanatory notes to the DDA 2005 gave the following examples:

A leaseholder who has mobility difficulties should be allowed to leave their refuse in a different place to other residents if they could not easily access the designated place.

A landlord or manager could be obliged to change or waive the term of a letting, or a lease, which prevented any alterations to demised premises, to allow the leaseholder to make alterations needed due to disability, with the consent of the landlord.

A landlord or manager could be required to take reasonable steps to provide an auxiliary aid or service in some circumstances. An example could be a visual signal connected to a door-bell for a resident who was hearing impaired.

[Deleted User]

Have you thought about getting an Emotional Support Cockatoo?

https://m.youtube.com/watch?v=Tpy_kskeCWI

A pet fox would also be fun, and very deniable.  But might make a mess of the communal bins!

https://m.youtube.com/watch?v=1yAEp5IrrIE

AdrianC

teachfast said:

It may be the DDA if the EA doesn't cover it. This is a useful guide to the transition:

https://www.lease-assn.org/leasehold-information-sheets/disability-adaptations.php
...
Landlords or managers are required to take reasonable steps to:

change a policy, practice or procedure which makes it impossible or unreasonably difficult for a disabled person to accept a letting, enjoy the premises or use any facility that the lease or tenancy specifies;

And which bit of that covers the situation where there is zero evidence that a pet is actually medically necessary?

It would cover being denied a guide dog or similar trained assistance animal. But not a cat. Not without some kind of documented medical proof.