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

ArbitraryRandom

_Penny_Dreadful said:

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. 

I agree, and I've said in other posts the landlord could just issue a S21- and they could do that if the OP had a guide dog rather than an emotional assistance animal. 

My point was that it's incorrect to say/suggest emotional support animals aren't covered by the EA2010 and that they have been/can be considered reasonable adjustments by the court. 

eddddy

Duk said:

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.

Just to clarify - none of that matters if you're breaching the landlord's lease, and the freeholder takes enforcement action.

If a neighbour complains that you are breaching the lease, the freeholder must take enforcement action. There is no choice.

Duk said:

...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.

That's not correct. 

If keeping a cat is breaching your landlord's lease, the freeholder can take enforcement action - nobody needs to prove nuisance or damage.


The landlord's full lease will tell you more - (but  the title register won't).

Duk

Update:

The letting agent has spoken to the Landlord and whilst there is nothing in their lease or my tenancy agreement about owning pets, they would never usually allow a pet and would have refused should I have asked as they have had too many problems in the past, but mainly furnished properties and properties with dogs.

Because I have had a cat for 3 years and the letting agent has not noticed they see me as a "responsible" pet owner and do not have a problem with me keeping the cat, they do not want any increase in rent or money put towards any insurance as all the contents is mine and it's unlikely the cat will cause structural damage. Any damage that is caused will be mine to pay for. Due to the age of the carpets on the property they are making it an exclusion as I have been a good tenant. 

MultiFuelBurner

I would suggest you got lucky.

Your dishonesty over the past 3 years has gone in your favour and when you have owned up lucky again that the LL wasn't considering selling up and this would be a good reason to evict.

jimbog

Duk said:

Update:

The letting agent has spoken to the Landlord and whilst there is nothing in their lease or my tenancy agreement about owning pets, they would never usually allow a pet and would have refused should I have asked as they have had too many problems in the past, but mainly furnished properties and properties with dogs.

Because I have had a cat for 3 years and the letting agent has not noticed they see me as a "responsible" pet owner and do not have a problem with me keeping the cat, they do not want any increase in rent or money put towards any insurance as all the contents is mine and it's unlikely the cat will cause structural damage. Any damage that is caused will be mine to pay for. Due to the age of the carpets on the property they are making it an exclusion as I have been a good tenant. 

Good news!
Now relax....

ManuelG

Duk said:

and it's unlikely the cat will cause structural damage.

Godzillacat?

[Deleted User]

Duk said:

Update:

The letting agent has spoken to the Landlord and whilst there is nothing in their lease or my tenancy agreement about owning pets, they would never usually allow a pet and would have refused should I have asked as they have had too many problems in the past, but mainly furnished properties and properties with dogs.

Because I have had a cat for 3 years and the letting agent has not noticed they see me as a "responsible" pet owner and do not have a problem with me keeping the cat, they do not want any increase in rent or money put towards any insurance as all the contents is mine and it's unlikely the cat will cause structural damage. Any damage that is caused will be mine to pay for. Due to the age of the carpets on the property they are making it an exclusion as I have been a good tenant. 

Remarkably reasonable landlord. I read something about the government looking at banning no-pet clauses anyway, although it might not be retrospective.

Skiddaw1

Duk said:

Update:

The letting agent has spoken to the Landlord and whilst there is nothing in their lease or my tenancy agreement about owning pets, they would never usually allow a pet and would have refused should I have asked as they have had too many problems in the past, but mainly furnished properties and properties with dogs.

Because I have had a cat for 3 years and the letting agent has not noticed they see me as a "responsible" pet owner and do not have a problem with me keeping the cat, they do not want any increase in rent or money put towards any insurance as all the contents is mine and it's unlikely the cat will cause structural damage. Any damage that is caused will be mine to pay for. Due to the age of the carpets on the property they are making it an exclusion as I have been a good tenant. 

That's good news! Really pleased it's worked out. I wish you and your dear cat a happy future.