Flat next door smells absolutely sickening due to 13 house Cats that don't go outside.What Can I do?

FrankFalcon

Hi all

Not sure if this is the correct board but am struggling to see where I can put this...

My daughter has an apartment that was under long term let.  The tenant has now moved out and the apartment/flat has come back into my daughters possession with no problems...Except...The smell coming from the flat next door is absolutely stomach churning.  Apparently, the residents of the flat (which they have bought) have 13 cats (and other animals) that don't go out of the house EVER.  When I say that the smell of urine is overwhelming I am not exaggerating.  The stench literally makes one wretch when you enter the communal stairway.  We have tried knocking on the door to speak to the residents but they don't answer, even though we know they are home.  We spoke to the resident that lives at the other side of them and he said "We have spoken to them (the residents - an old Man and his grandson) but they own the flat so there is nothing we can do".  He also told us "I have even rang RSPCA but they won't help".  I cannot describe the horrendous smell.  It is literally eye watering. Has anybody ever encountered anything like this before? What can we do? We don't really want them to lose their pets but this can't be right.
Any advice guys?

Flugelhorn

is there a management company?

Sapindus

Ring RSPCA again.  We don't know how clearly the other resident may have described the problem or how long ago.  The animal hoarder needs help both for their own sake and the cats'.

Flugelhorn

Sapindus said:

Ring RSPCA again.  We don't know how clearly the other resident may have described the problem or how long ago.  The animal hoarder needs help both for their own sake and the cats'.

probably good if the RSPCA could visit the flats 

teaselMay

Have you spoken to environmental health at the council?

I'd go back to the RSPCA too, if the stench is as bad as it sounds that's a welfare issue for the animals too.

Tabieth

Yep, RSPCA. It’s an animal welfare issue first and foremost. 

FlorayG

Contact your local Cats Protection branch, they can also get involved

Bigphil1474

As above, speak to Environmental Health or whichever team deals with nuisance issues (might be the anti social behaviour team). Odours of this nature can be a statutory nuisance and the homeowner can be required to stop the smell. It may also be a Filthy and Verminous property (F&V), from your description (not necessarily obviously), in which case EH may also take action. 

eddddy

Presumably your daughter is the leaseholder of her own flat. So typically, the situation will be as follows:

As a starting point...

• She should read her own lease to see what it says about keeping pets. Her neighbour's lease is very likely to say the same thing.

Typically, a lease will either say...

• No Pets
• or No Pets without consent of the freeholder (or management company), and consent is conditional on the pets not causing annoyance to other leaseholders

It is extremely unlikely that a freeholder (or management company) has given consent for 13 cats to live in the flat - and even if they did, the cats are now causing annoyance.

So your daughter can complain to the freeholder (or management company) that the neighbour is breaching the lease.

The freeholder (or management company) will be required by the lease to take enforcement action. i.e. 'Force' the neighbour to stop breaching the lease, which would involve the neighbour getting the cats out of their flat.



(The freeholder / mgmt co might warn your daughter that if the neighbour isn't really breaching the lease - e.g. your daughter is fibbing about the 13 cats next door - your daughter might have to pay the freeholder's / mgmt co's costs.)

EssexHebridean

FlorayG said:

Contact your local Cats Protection branch, they can also get involved

This, plus RSPCA again, and I would also contact the local Council Animal Warden too - put that one in writing as if it turns into a full scale welfare scandal they won't want there to be proof of having ignored it!

KxMx

Cats Protection can work with a willing owner with rehoming, but have no legal or enforcement powers. 

The RSPCA might be better placed.

(CP volunteer)