I’d say you had good cause not to make reasonable adjustment if you also lived at the property, less so if it was just for the tenant
Assistance dogs are specifically excluded from the pet clause in leaseholds and mortgages.
It is discrimantory same as if a shop turns away a guide dog,even hospitals allow assistnace animals on wards, unles soyu have good cause not to make a reasonable adjustment…nor are you allowed to charge for it.
Check out the advice from ARLA and the equalites and discrimantion act 2008
No I was thinking a clever idea I hadnt thought of, both coercion and embaressment seem as counter productive as legal action.
It does annoy me that Landlords and Lettings agents can and knowingly break the law with impunity. as it would if it was any other group
Simon that may be true of many new leases but some of the very old leases do not cater for this provision even if legislation may or may not override these particular leases. Hence my comment. You would expect a blind person to walk up 5 flights to a flat!
Have you been to a charity for your particular requirement rather than buggering around being advised to sue the world. e.g The RNIB, if a veteran the Veterans society, likewise any service charity, the local council (you should should score well on their system for a home).
Whether anyone has a disability or not, demand for homes is massive at present for anyone and the government messing around with legislation is making it much worse and it’s about to get even more so.
The problem with Shelter and alike they have no idea about running property or the management of demand and issues, all they do is tell people not to move so the individual ruins their life through staying in a property when they should be out, getting CCJ which impacts on so many things. If they actually started buying and renting to people like yourself they would at least be doing some good.
Before you feel like hitting back and say anything that I am not understanding as a LL , I am disabled as is my son!
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The law is clear, the leasehold new or old bans pets , assitance animals are not pets under the law.
No I wouldnt and Id say that is an unreasonable adjustment to make.
RNIB is currently runig a campaign because so many of their memebers have been refused suitable housing.
Score zero on the local council as I odnt have a local connection to the only place I have the support network I need
Tenants need security as well as Landlords so no fault evictions are imo unreasonable, why do you need them as a LL?
The trounble is if you move before the court ordered eviction you count as voluntarily homeless and no longer qualify for social housing or council assistance for 2 years…that law should go when s21 goes imo
Yes but you were lucky enough to be able to buy at least 2 properties, thats impossible if you are on benefits
I wasn’t expecting miracles, Im not expecting LL’s to cover the costs of modifications (although the law says they have to) I am clean, my assitance dog is not a pet he doesn’t bark exceot when trained to,chew or foul. he is proplery trained and only those who saw him would know he is there, I pay the rent on time and in full, I dont disturb my neighbours and dont make noise, the onl.y vistiors I have are my care team I should be a perfect tenant for a long term let
but I was expecting LL’s and lettings agents to obey the law and make reasonable adjustment or face some consequences
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you will just need to keep trying , just like I am trying to find a suitable tenant who does not evade questions or lie to me
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If you think they are acting unlawfully, then you are entitled to go to court (as you were advised) to prove your point and seek compensation or accomodation. No one will do this for you because the issue is between you (‘the injured party’) and the LL (‘the offending party’). Courts do not allow others to get involved in legal disputes unless that 3rd party has a statutory role.
As the offended party, you have to hope you have enough evidence to be able to persuade the judge a) you are right and b) there was sufficient injury for the court to demand a remedy. The other party can also appeal all the way to the Supreme Court if they feel there has been an error in law.
So continually stating “the law is clear” and the LL must be punished is simply trolling as you have been advised what you can do (though not advise how difficult it is).
Or you can take some time off this thread and spend a bit more time on a search strategy that finds you accomodation.
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I’m curious as to how a landlord can tell an assistance dog from a pet. My understanding is that there is no register of assistance dogs in the UK. Do they have to be trained by ADUK to qualify? Can a landlord ask to see evidence of this or even evidence of the tenants disability without falling foul of discrimination legislation?
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The law on assistance animals nd leasehold rules is clear, whatis less clear is what represents a reasonable adjustment
I had been hoping to find a way to rent on here but instead the most common reply is sue
So having found a no win solicitor willing to take it on they have issued demands to 22 lettings agents and an additional 7 landlords
Assistance dogs are triained by acceditted organistions like guide dogs for the blind and cover specific disabilites or illnesses. Impaired sight.severe epilepsy. Sizures, blackouts and some mental health issues
These animals are allowed every where by law
Emotional support animals are unregulated but dont count as assistance animals under the law
However it is still an offence to discrimte against someone who is disabled which would imply some Emotional support animals are covered
Ican see no reason why t
You cant ask the person for the exact status of the animal or their disabilty do you can know what reasonable adjustments are needed
thanks for the warning Which area are you seeking?
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Simon48 it is illegal to discriminate against someone BECAUSE they are disabled that is correct but what if the reason that someone hasnt been offered a property is NOT because they are disabled or NOT because they have a dog maybe the LL has found someone more suitable
Or are you saying that ANYONE saying no to someone disabled is discriminating?
That doesn’t answer David’s question about how a landlord would be able to see evidence of an assistance dog vs a pet if there is no register of guide / assistance dogs in the UK. Surely a UK-wide register should also be something you want the accreditation organisation to provide? This would help in not only enabling landlords to differentiate genuine assistance dogs from pets (as sadly there are dishonest tenants who wrongly claim their pet is a guide dog), but also would support you in your original complaint about landlords discriminating against those with assistance dogs. Do you know if there are any plans for any accreditation organisations to set up a register?
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Good luck. Looking forward to reading the legal analysis in Lexis. Let us know when it’s finished so we can look for it.
For those reading this later you might go to the Legal Ombudsman’s website for their report on Conditional Fee Arrangements (aka No Win / No Fee). I’d post the link but for some reason this site doesn’t allow them.
I sincerely wish you luck in finding a suitable rental property. I think its disgusting that many LL will automatically say no to pets when you are talking about assistance dogs… the most obedient and disciplined dogs. My concern would always be affordability. Many requiring assistance dogs obtain most of their income via the benefit system which for me, is an automatic refusal. If that is not your situation then I wouldn’t ever decline… and i like to think there are many LL that feel the same as i do.
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I agree with above , end of the day it comes down to who can pay and who will cause the LL less hassle .
A LL is a very risk adverse profession !
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Simon, here is your problem. REAL assistance dogs are trained and behave well (and I’m not saying yours isn’t)
I believe guide dog training is almost a year.
Or you can pay £12 on ebay and get this
Don’t be angry at landlords, be angry with those who abuse the system. I often see people using a blue badge when the holder is clearly not with them.
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Something less understood is that some people who are full time carers can have a blue badge card.
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Yes the can, but they are not allowed to use it when the person with the disability is not present with them
