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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5056
Experience:  Solicitor
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I am a disabled man suffering from mental health and

Resolved Question:

Hello, I am a disabled man suffering from mental health and physical health problems. I have always had cats as pets, especially as they are of great therapeutic value to my situation. I currently live in privately rented accommodation which, until 2013, I was allowed by the owner to have my pets in. That was revoked at that time after 13 years of being allowed. I am now more isolated than ever due to my health problems so I have invested in getting a cat for company as well as emotional support. I have researched regarding having an emotional support animal in a rented accomadation but am struggling to find anything related in the UK. I Would like advice to know, if I can legally have my pet/emotional support animal even if the owner has changed the tenancy to no pets? Can I legally register an emotional support pet?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.
Why did it change after 13 years please?

Customer: replied 1 year ago.
I live in a duplex with an adjacent duplex next door. The owner owns both these and 2 converted smaller flats underneath which were converted in 2008 . There is also a shop unit under the front half of both the duplex units. The owner had many different tenants occupy the lower flats during this time until 2013. He struggled to keep tenants due to multiple building issues. The owner decided to have a planning application drawn up for the lower regions which would incorporate both the smaller flats, the existing shop and another large garage unit that was another business at that time. He sold the lease to a large supermarket chain in 2013. During the 13 years of being allowed to have pets, the owner was fully aware of what animals were present in both the original duplex units. They were all individually written into the tenancy and agreed with owner. At that time I had 5 cats, the house was always looked after and no altercations were caused . The owner even commented that you would never have known there were animals in the house. I assume that because the owner wished to lease to a large supermarket chain that he wanted to make sure the space would sell . Obviously I did put up a fight but to no avail as law is always on the side of the owner . I even presented him with letters from the mental health team at that time saying how important it was to keep the animals to maintain some level of well being. He refused to agree but he did say that what went on in my home was my business and if I had pets, that out of sight out of mind would be the case. That wasn't an option for 5 cats aged 13 years that had lives outside . I did try for a few months but it was extremely distressing for the cats and myself. As I didn't want to be told to leave , property in my area is difficult to come by, I opted to rehome them in the local area so could continue to see them .
Expert:  Jamie-Law replied 1 year ago.

Your only argument could be under the Equality Act 2010.

This makes it unlawful for a person who has a protected characteristic to be discriminated against either directly or indirectly.

The Act says:

(1)A person (P) has a disability if—

(a)P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

(2)A reference to a disabled person is a reference to a person who has a disability.

Therefore you could argue that you are being discriminated against and bring a claim.

You should first complain to the Equality Commission. Their website is at:

https://www.equalityhumanrights.com/en

They can consider your complaint and take action. If that does not work then you may be able to issue Court proceedings.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you for your time in giving me this information. I will contact the advised commission for further advise. I will leave it there for now Jamie. Thank you once again.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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