Tenant with Cat (no supposed to have) - What are my right exactly?

_Penny_Dreadful

Duk said:

Hi All,

I have been renting a property for the last 11 years, in July 2020 we got a cat, it was mainly to do with me having some mental health issues and working from home by myself, my psychiatrist thought it would be a huge help to me which it has been. We have had 3 inspections a year since (no damage has ever been noted) and every time I bring the cat to the cattery and hide the cat's belongings in my car, we have an inspection coming up and I have told them the truth now as I do not think its fair on the cat.

Back around 2014 we were told it would be no problem by our previous letting agent but how official that was I don't know and whether they ever asked the landlord, but it does state no pets in the last letting agreement we signed in 2019 (month by month since), but I did not really want to risk the chance of rejection during the pandemic as it was something I felt I really needed. I look after the property well, there is no damage only some wear and tear, and never miss rent.

I know since then the government has brought out some new laws for tenants but I do not know what they mean exactly, I am sure it would be no problem but wanted to know my rights, would eviction be likely? I have actually paid the maximum deposit so I am happy to suggest a rent increase if they are worried. But I have been here 11 years and no work has been done to the property to say anything is more than wear and tear, I mean the cat literally only uses her scratching poles, so no issues with carpets.

Thanks for any advice.

All the government did back in 2021 was remove the clause about no pets from the model AST agreement because a blanket ban could be considered an unfair term under the Consumer Rights Act 2015. Of course there’s nothing to say that a landlord must use the model agreement. There’s the Renters Reform Bill but as far as I know it hasn’t been debated in parliament yet never mind become the law. 

As @secla has pointed out, you can easily be issued with a section 21 notice, cat or no cat, as a section 21 notice does not require a ground in order to be used. Would a landlord go to the trouble of evicting a tenant who pays the rent on time and is otherwise a decent tenant….probably not.

_Penny_Dreadful

Duk said:

eddddy said:

Duk said:

The tenancy is assured shorthold, can't see any wording about leasehold. It is a flat but the cat was raised an indoor cat due to the amount of allergies she has. Flat is a large flat and I provide plenty of verticle items like cat trees and play with her about 2 hours a day. She is quite content

The set-up will usually be something like this:

• Somebody owns the building (they are called the freeholder)
• Your landlord leases the flat from the freeholder
• You rent the flat from your landlord

If that's the case, it's very likely that either:

• Your landlord has promised the freeholder that they won't have any pets in the flat (it's called a covenant), or
• Your landlord has promised the freeholder that they won't have any pets in the flat, unless they get written permission first - and pay a fee (again, that's called a covenant)

If somebody complains about your cat to the freeholder - your landlord could get into trouble. Your landlord might be charged a series of fees - eventually the fees could add up to hundreds of pounds. (In theory, your landlord could even have their flat repossessed, if the cat remains in the flat.)

So the landlord might be forced to tell you that you cannot keep your cat in the flat.

I have read tonight that the freeholder could not force that under the equality act 2010 due to me having a disability and the recommendation coming from a psychiatrist. They would need to prove the cat is a nuisance to other neighbors, some have dogs btw. 

Would it just not be likely landlord says nothing to the freeholder? 

I also do not think it would be be likely for them to tell me to get rid if it's detrimental to my disability. Surely the freeholder would be pushing on some form of discrimination? 

Emotional support animals, which is what I assume your cat to be, aren’t recognised in the UK as assistance animals in the same way as say a guide dog for the blind so I think you’re on a hiding to nothing with the Equality Act 2010. Besides you have no contract with the freeholder as you’re not a leaseholder. 

If the leasehold prohibits pets or requires permission for a pet how would the freeholder find out to enforce such a clause? You have a house cat so none of your neighbours are likely to be bothered by cat and therefore unlikely to start complaining to the freeholder. Whereas if you had an outdoor cat that was killing local wildlife and crapping in the communal garden you’d be much more likely to be found out. 

Why not just ask your landlord now if it’s ok to have a cat? That way it won’t be hanging over you. 

ThisIsWeird

Hi Duk.

I think you'd be very unlucky if the LL wished to evict you for this. If looked at impartially, I think they'd struggle to find a valid reason why they'd want to:

It doesn't go against a covenant in the building's lease.

There are pets in other flats.

You have seemingly been a reliable tenant and haven't missed any payments.

The cat doesn't go outside, so cannot cause a nuisance to anyone else.

You can clearly demonstrate that no 'cat' damage has been caused to your flat.

I guess there's always a risk that a LL could use it as an 'excuse', of course, but hopefully they won't.

What I would expect, tho', is that they'd like a larger deposit to cover any potential damage by what they'd reasonably consider a greater risk, so perhaps be ready to suggest this?

I don't think an increased rent would be reasonable.

Then just appeal to their better nature - explain the reason you have the cat, that you'd always intended to ask permission, but then realised how challenging it would have been for you at the time had they said 'no'. But you don't feel right about misleading them, so wish to be open about it.

_Penny_Dreadful

ThisIsWeird said:

Hi Duk.

I think you'd be very unlucky if the LL wished to evict you for this. If looked at impartially, I think they'd struggle to find a valid reason why they'd want to:

It doesn't go against a covenant in the building's lease.

There are pets in other flats.

You have seemingly been a reliable tenant and haven't missed any payments.

The cat doesn't go outside, so cannot cause a nuisance to anyone else.

You can clearly demonstrate that no 'cat' damage has been caused to your flat.

I guess there's always a risk that a LL could use it as an 'excuse', of course, but hopefully they won't.

What I would expect, tho', is that they'd like a larger deposit to cover any potential damage by what they'd reasonably consider a greater risk, so perhaps be ready to suggest this?

I don't think an increased rent would be reasonable.

Then just appeal to their better nature - explain the reason you have the cat, that you'd always intended to ask permission, but then realised how challenging it would have been for you at the time had they said 'no'. But you don't feel right about misleading them, so wish to be open about it.

In England the maximum deposit is capped at the equivalent of 5 weeks rent so the landlord can’t ask for extra deposit for a pet. This is not the case in Scotland, Wales or Northern Ireland though where landlords can request a pet deposit in addition to the tenancy deposit. 

eddddy

Duk said:

Would it just not be likely landlord says nothing to the freeholder? 

It's more likely to be another flat owner who complains to the freeholder.

Duk said:

They would need to prove the cat is a nuisance to other neighbors, some have dogs btw. 

No. If the lease prohibits pets, nobody has to prove anything. Pets wouldn't be allowed under any circumstances.

(Even if the lease allows pets, if a neighbour complained - I doubt they'd have to provide much proof to support their complaint.)

But if others have dogs, it could be that:

• Pets are prohibited - but nobody has complained to the freeholder (yet)
• Pets are allowed with written consent from the freeholder - and the flat owners have paid a fee for that consent

Duk said:

So I paid for the title register, no mention of pets or animals in covenant.

It wouldn't be mentioned in the title register. You'd need to read the full lease.

Duk said:

I also do not think it would be be likely for them to tell me to get rid if it's detrimental to my disability. Surely the freeholder would be pushing on some form of discrimination? 

I'm no expert on this, but my understanding is this:

• An assistance dog (eg a dog for a blind person) isn't a pet it's an 'auxiliary aid'. So rules about pets don't apply to 'auxiliary aids'.

• But unfortunately, the law doesn't recognise Emotional Support Animals as being Assistance Animals. So they might not be covered in the same way.

So the bottom line is... if another flat owner complains about your cat, it's very likely that the freeholder will be required by the lease to take enforcement action against your landlord, and your landlord will be charged fees.

And so your landlord might refuse to allow you to have a pet, to prevent that happening.

ArbitraryRandom

_Penny_Dreadful said:

Duk said:

eddddy said:

Duk said:

The tenancy is assured shorthold, can't see any wording about leasehold. It is a flat but the cat was raised an indoor cat due to the amount of allergies she has. Flat is a large flat and I provide plenty of verticle items like cat trees and play with her about 2 hours a day. She is quite content

The set-up will usually be something like this:

• Somebody owns the building (they are called the freeholder)
• Your landlord leases the flat from the freeholder
• You rent the flat from your landlord

If that's the case, it's very likely that either:

• Your landlord has promised the freeholder that they won't have any pets in the flat (it's called a covenant), or
• Your landlord has promised the freeholder that they won't have any pets in the flat, unless they get written permission first - and pay a fee (again, that's called a covenant)

If somebody complains about your cat to the freeholder - your landlord could get into trouble. Your landlord might be charged a series of fees - eventually the fees could add up to hundreds of pounds. (In theory, your landlord could even have their flat repossessed, if the cat remains in the flat.)

So the landlord might be forced to tell you that you cannot keep your cat in the flat.

I have read tonight that the freeholder could not force that under the equality act 2010 due to me having a disability and the recommendation coming from a psychiatrist. They would need to prove the cat is a nuisance to other neighbors, some have dogs btw. 

Would it just not be likely landlord says nothing to the freeholder? 

I also do not think it would be be likely for them to tell me to get rid if it's detrimental to my disability. Surely the freeholder would be pushing on some form of discrimination? 

Emotional support animals, which is what I assume your cat to be, aren’t recognised in the UK as assistance animals in the same way as say a guide dog for the blind so I think you’re on a hiding to nothing with the Equality Act 2010. 

While I agree they're not recognised the same way by the public (so the landlord might not recognise an emotional support animal as a legitimate adjustment), I'd suggest the way you've phrased it here isn't quite right; Guide dogs and 'emotional support animals' are both recognised and covered by the Equality Act as 'auxiliary aids' and can be treated as equivalent by the court should it get that far. 

The main difference/problem for the OP would be that it's easier to establish clinical need for a guide dog (and to prove that the dog has been trained by a recognised provider to carry out specific tasks) vs an emotional support animal (i.e any animal with an appropriate temperament); As is often the case with adjustments for physical impairments vs mental. 

This (and the case it refers to) might be of interest to anyone who is seeking to argue their animal is a reasonable adjustment: https://www.therentersguide.co.uk/do-tenants-have-the-right-to-have-an-emotional-support-animal-in-their-rented-property/

Duk

ArbitraryRandom said:

Duk said:

I also do not think it would be be likely for them to tell me to get rid if it's detrimental to my disability. Surely the freeholder would be pushing on some form of discrimination? 

I'd be careful with this; they may come up with some reason why it's not 'reasonable' for you to keep the cat - what if you have a new neighbour move in with allergies? Or now they know you have a cat they look for and find damage they attribute to the animal at the next inspection?

But the broader point is that generally you won't be evicted for having a cat, even if your tenancy forbids pets, because it's a discretionary cause and unless there's evidence of damage or other problems the court tends to see it as excessive.

A landlord who truly does not want animals on the property (or doesn't like that their tenant has lied to them) might instead issue a S21 (giving no reason), which does not require any evidence and would not be discriminatory. 

It would be unusual for a landlord to do this for such a small thing and if that happens then it generally indicates a wider breakdown of the landlord/tenant relationship - if things are currently going well (as you suggest) then I'd continue as normal. 

I do not see there being any problems, I have a good relationship (though various letting agents) with my landlord, they know I fix stuff out of my own pocket, and I have even painted some rooms and not claimed anything back. In 11 years I have never missed a rent payment. I can't see there being an issue, but I obsess over these things and usually, it ends up being nothing.

MultiFuelBurner said:

You have broken your tenancy agreement.

Any internet searching to justify your actions under the equality act is a bit underhanded as if you wanted to use this you should have come clean when the psychiatrist advised getting the cat.

Now you have come clean you will just have to wait to see if this causes an issue with your LL.

If it does cause issues and you are asked to leave be polite and find somewhere else to live, if that's likely to take time explain that and agree a timescale. Communication is key.

Any other action you take other than leaving quietly really isn't on imo if it comes to that.

Being a long term good paying tenant(I presume) likelihood is if there are no restrictions in the leasehold then all will be ok.

I know I have broken the agreement, but from what I understand when it comes to pets, that now holds very little weight as they would need to prove the cat is being a nuisance to neighbors or damaging the home. Any damage that has been done in this flat is mine and it's only minor, I put "cat 6" network cables under the carpet for example, but the carpets are now 14 years old, so where does wear and tear come into this?

I do not think it is underhanded to bring in the equality act as my disability is the reason I have the cat and due to my condition I am quite impulsive and I could not accept any chance of rejection. It was during the covid pandemic and I was working at home alone and my health was deteriorating. No one should ever feel like they have to accept things the way they are when they are disabled, that is what reasonable adjustments are for.

As above, I do not think they will have a problem I think it's just me worrying, I can pay them extra rent or pet insurance payments.                             

Duk

ThisIsWeird said:

Hi Duk.

I think you'd be very unlucky if the LL wished to evict you for this. If looked at impartially, I think they'd struggle to find a valid reason why they'd want to:

It doesn't go against a covenant in the building's lease.

There are pets in other flats.

You have seemingly been a reliable tenant and haven't missed any payments.

The cat doesn't go outside, so cannot cause a nuisance to anyone else.

You can clearly demonstrate that no 'cat' damage has been caused to your flat.

I guess there's always a risk that a LL could use it as an 'excuse', of course, but hopefully they won't.

What I would expect, tho', is that they'd like a larger deposit to cover any potential damage by what they'd reasonably consider a greater risk, so perhaps be ready to suggest this?

I don't think an increased rent would be reasonable.

Then just appeal to their better nature - explain the reason you have the cat, that you'd always intended to ask permission, but then realised how challenging it would have been for you at the time had they said 'no'. But you don't feel right about misleading them, so wish to be open about it.

As below, it is already max at cap. I have suggested a rent increase to the letting agent property manager who I get along with. I think there will be no issue as they will see it as a chance to get extra rent and they know that the cat is causing no issue as I have had it for nearly 3 years without them knowing.

I will see what comes of today and report back, I only mentioned the equality act as my disability was the main reason I got the cat, but I am a good tenant, I have a good relationship with them and I can't see them to really care, it's just the part of me that wants to be two steps ahead in case anything does come from it, which I am most likely being paranoid about and nothing will happen. 

chrisw

I had some tenants who got a dog but kept it hidden for a couple of years, despite the neighbours telling me they had a dog. I would have been quite happy to have given them permission, I was more annoyed that they kept denying it and trying to hide it rather than the fact they actually had a dog. 

Anyway, it was all resolved happily in the end and they still have the dog.

_Penny_Dreadful

ArbitraryRandom said:

_Penny_Dreadful said:

Duk said:

eddddy said:

Duk said:

The tenancy is assured shorthold, can't see any wording about leasehold. It is a flat but the cat was raised an indoor cat due to the amount of allergies she has. Flat is a large flat and I provide plenty of verticle items like cat trees and play with her about 2 hours a day. She is quite content

The set-up will usually be something like this:

• Somebody owns the building (they are called the freeholder)
• Your landlord leases the flat from the freeholder
• You rent the flat from your landlord

If that's the case, it's very likely that either:

• Your landlord has promised the freeholder that they won't have any pets in the flat (it's called a covenant), or
• Your landlord has promised the freeholder that they won't have any pets in the flat, unless they get written permission first - and pay a fee (again, that's called a covenant)

If somebody complains about your cat to the freeholder - your landlord could get into trouble. Your landlord might be charged a series of fees - eventually the fees could add up to hundreds of pounds. (In theory, your landlord could even have their flat repossessed, if the cat remains in the flat.)

So the landlord might be forced to tell you that you cannot keep your cat in the flat.

I have read tonight that the freeholder could not force that under the equality act 2010 due to me having a disability and the recommendation coming from a psychiatrist. They would need to prove the cat is a nuisance to other neighbors, some have dogs btw. 

Would it just not be likely landlord says nothing to the freeholder? 

I also do not think it would be be likely for them to tell me to get rid if it's detrimental to my disability. Surely the freeholder would be pushing on some form of discrimination? 

Emotional support animals, which is what I assume your cat to be, aren’t recognised in the UK as assistance animals in the same way as say a guide dog for the blind so I think you’re on a hiding to nothing with the Equality Act 2010. 

While I agree they're not recognised the same way by the public (so the landlord might not recognise an emotional support animal as a legitimate adjustment), I'd suggest the way you've phrased it here isn't quite right; Guide dogs and 'emotional support animals' are both recognised and covered by the Equality Act as 'auxiliary aids' and can be treated as equivalent by the court should it get that far. 

The main difference/problem for the OP would be that it's easier to establish clinical need for a guide dog (and to prove that the dog has been trained by a recognised provider to carry out specific tasks) vs an emotional support animal (i.e any animal with an appropriate temperament); As is often the case with adjustments for physical impairments vs mental. 

This (and the case it refers to) might be of interest to anyone who is seeking to argue their animal is a reasonable adjustment: https://www.therentersguide.co.uk/do-tenants-have-the-right-to-have-an-emotional-support-animal-in-their-rented-property/

That’s a case based on someone with an assured tenancy with the council where the council needs a ground to evict. The council went for breach of contract but for those with AST there’s the section 21. “No, no m’lud the notice had nothing to do with the emotional support animal it’s just that today has a y in it.” 

The case was also heard at country court so the decision is not binding on on other judges.