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Legal matters

Transfering from assured tenancy to fixed term?

63 replies

Flowerywoman · 01/10/2019 03:48

I really need some.help, I am downsizing.from a 2 bed to a 1 bed because I am now a single.female.living alone who does not need a two bed.property I pay rent and I. Am quite happy here but moving for a change and to give a family a 2 bed, I do however want.to choose the right tenancy with the next housing association +I tried.homeswapper, useless) my rent is £580 per month, the.propety I like and have a viewing for is.a lot more but in a much nicer area.ams a new build however it's a fixed term m five year tenancy, should I not do this and apply for homes that advertise assures tenancies like the one I have had for 10 years ? (There are many offering those tenancies) ti have severe anxiety and do not want to make.the wrong decision
Thank you

Sorry.for my.mistakes my phone is faulty

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Flowerywoman · 21/10/2019 15:58

They aren't keen to enforce it they generally allow pets it's the developers that don't want pets but only a moron would think that a building of 500 people won't own a pet or two, absolutely ridiculous! And no tray or food in the corridor! No one will even know that I own a cat haha. Your response is overly dramatic and quite silly, yes I've made my decision no need to try and convince me otherwise anymore, have a great Christmas and New year ;)

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Flowerywoman · 21/10/2019 15:55

No chance that 500 residents in the building will not have pets and they will never know, they don't do home checkw and won't be listening in to five hundred tenants I've r we reviews and they simply leave you to it when move in they are far too busy to be so sad as to hang around to listen in for a cat and yes I told them I rehomed him already, it's not a big deal but I appreciate your response and yes I would complain of two NOISY PITBULLS my QUIET CAT would cause no issues whatsoever. I have made my decision and it's the best decision, no point trying to convince me anymore ;) take care!

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sluj · 21/10/2019 10:31

OK , you are obviously set on breaking the terms of your tenancy agreement before you even sign it but that's your lookout.
Two things to be aware of

  1. The Housing team already know you have said you have a cat you will rehome before you move in so they will be looking for this. There will be snagging visits, settling in visits and all kinds of stuff in that first year, they will be looking for your cat. So many people try to convince the Housing Officer that they will rehome their cat, they must think HOs are stupid.
  2. Your new next door neighbour may well have genuinely given up their cat or dog in order to take their tenancy and will be quick to point you out if you haven't done the same. Similarly the lady across the corridor will ask permission for a cat and will point you out when they say no to her.


I understand you don't think the policy is fair but the landlord does and it's their building. The manager is clearly keen to enforce the policy and they will find you out. Especially if you are one of those tenants who says it's an indoor cat and then leaves the food and litter tray in the corridor Hmm
Honestly, I can see why you are tempted but pets in flats cause so many problems for residents and landlords.
Are you going to be able to complain when the man upstairs brings two noisy bull terriers in?
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Flowerywoman · 20/10/2019 23:27

I very much agree thank you, have a lovely Christmas and New year xxx

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Firefliess · 20/10/2019 22:43

I think you'll probably be ok, as it's social housing. Private landlords can do as they like pretty much, but I've never heard of a social landlord evicting for a cat. They don't do routine house inspections so aren't at all likely to know for a start, and if they do aren't likely to know or care that it's not allowed. So long as no-one complains about your cat

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Flowerywoman · 19/10/2019 18:09

Yes I I do not like clearly unreasonable 'no pets under no circumstances without ability to request ' policy is immoral and unreasonable. I'm looking forward to moving in. Thanks everyone, I will be logging off now. Have a great weekend to allxxx

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Flowerywoman · 19/10/2019 18:06

My cat would never be a nuisance hence why I'm taking him I wouldn't consider moving there otherwise, they would never evict me for having a non nuisance indoor cat that's had zero complains, but yes the very worst they could order me to re-home the cat in which case I would give to my mother. Thanks again for the response. X

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Flowerywoman · 19/10/2019 18:04

I would be eligible of legal aid and yes even if I were to re-home my cat, that would be through other avenues, court order would be the very last option. I will contact the housing Ombudsman for advice and if I had to give my cat away to my mother, I would, but rather not. And yes if it came to court and I was told to re-home my cat I would simply give him to my mother, so it is worth trying. Thanks and take care x

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sluj · 19/10/2019 17:43

You have also been given very bad advice about the Ombusdman. They have clearly told you no pets and the Ombusdman can find no maladministration in that. You just dont like their clear policy.

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sluj · 19/10/2019 17:40

You are playing with fire moving in with the cat without asking permission as there is now a recorded refused request to have one before you moved in. Any HA would see that as a deliberate deception.
Perhaps a judge might not give an outright order but it depends on what nuisance the cat causes to others. You will almost certainly get a suspended order on condition you get rid of the cat. Most HAs would seek an injunction rather than a possession order, both options will cost you a lot of money and lose you the goodwill of the HA.

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Flowerywoman · 19/10/2019 16:46

The first property I applied for and turned down said no pets but they said they would allow my indoor cat, which is what I expected with this association since that seems to be the common theme, but absolutely no pets under any circumstances without even being able to ask for permission, a blanket ban is very unreasonable.

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Flowerywoman · 19/10/2019 16:45

I told my assocation them I rehomed the cat but I will move in with my cat, if I got 'caught' I would say I had to have the cat back because my mental health deteriorated which it would, it would be down to a judge, it's discretionary grounds in regards to them seeking possession not mandatory and the judge could and more than likely consider it unreasonable since I didn't even have permission to ask for a cat in the first place and I did downsize my property, giving up a two bed to move to a one bed, blanket pet bans are considered unreasonable and aren't very enforceable, court eviction would be the very last option they would try other avenues first (having a secure tenancy) so I would have the option to give my cat to my mother if I had to, but a housing Ombudsman can get it wavered and a judge would likely allow me to keep my one cat. I am going to move in and keep my cat.

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Flowerywoman · 19/10/2019 16:30

I just called shelter and they said it is highly unlikely a judge would evict me for having an indoor cat and considering my mental health needs, it would be considered very unreasonable and before they even threatend court action (they would avoid that at all cost and try to exhaust other avenues because I have an assured secure tenancy), I could call the housing Ombudsman and they can get the no pets wavered for me to be able to keep just my one cat and no other pets. I am going to move into the property with my cat and if I ever got 'caught' I would fight my case. I also have a letter from my gp stating that I heavily rely on my cat for comfort and support because I have severe depression and anxiety. Thanks everyone.

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Flowerywoman · 19/10/2019 14:15

Can you explain what an internal transfer list is? I haven't heard of that I will ask them thank you, the new association said it's the rules of the people who built the property and the ha just agreed to them, is there a way I can contact them? If not I will just give up and stay here, thanks guys x

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Flowerywoman · 19/10/2019 14:14

Tried mutual exchange for years waste of time no good deleted the account before went back on the housing register, I will have to stay where I am which I am fine with I love my home, just a shame they have made it difficult for a single woman to downsize from her two bed so a family can have it.

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sluj · 19/10/2019 12:16

Just a thought, have you asked your current HA if they have an internal transfer list? Many do.
If they are happy with your cat in a flat, it might be worth trying. Assuming they know you have a cat?

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sluj · 19/10/2019 12:13

It's much too risky to move in and attempt to keep your cat so you would have to choose, I'm afraid. Pets are known to be good for your mental health but everyone could say that and the block would be over run with animals in no time.
Your best bet would definitely be a mutual exchange now.

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Cannotresist · 19/10/2019 10:33

I would t move on this basis flowery. It’s clear it’s causing you distress you don’t need if you have fragile MH. Don’t worry about List priorities your sitting on a 2 bed in TH so the cards are on your hand.

What I would do is advertise for a swap ( in a very specific way ie type of building you want pets st . Then it means you will prob be able to swap with a local family and will feel good about the decision. You would also get a relinquishing bonus.

Don’t give up an assured tenancy I am not sure if the person who advised you to do that didn’t read your post or didn’t know what assured meant.

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Flowerywoman · 18/10/2019 22:19

Update guys, all was going so well but today found out I cannot have a pet, yes when I applied it said no pets, but the person I spoke to at the council said you can usually ask for permission and that was the case for all the new builds so I did apply, at the pre tenancy sign up the woman said oh an indoor cat should be fine as long as doesn't cause damage, then I got a call today from someone who said the manager approved your application for the tenancy but not if you have a pet, it's a blanket ban on pets which is unreasonable I've been an assured tenant for 14 years with my cat he helps my mental health needs, this seems so unfair, all new builds now say no pets and I'm not downsizing to an old run down building just to. Keep my cat when the home I live in now is very nice, looked after and a new build type, I am only downsizing so a family can have my home but I'm being prevented to. I know I will have to just stay where I am because of my cat, would they really take me to court if they found out I had a pet and try to evict me just because I had an indoor cat? This seems so unreasonable especially since it's a blanket ban without permission, also pets cannot even visit the property. Help! :(

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Firefliess · 02/10/2019 18:07

I've only moved between rooms in shared houses on my own. But I did move to a new house as a single parent, and tbh, 4 and 7 year olds are more of a handicap than a help! I was very organized about it and did as much as I could beforehand in terms of giving out my new address to everyone and sorting out utilities, etc. I made lots of to do lists

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HennyPennyHorror · 02/10/2019 00:18

Oh well done! Great news! I hope you like it too....I've moved alone and it's fine. I always think moving house is like going on holiday a little bit. You have everything new...unfamiliar...you've got to get used to what shops are where...and new sounds and people. It's great.

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EveryFlightBeginsWithAFall · 01/10/2019 23:30

That's good news! I wouldn't leave an assured tenancy for a fixed term. Even though it's likely they would just extend the tenancy

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Flowerywoman · 01/10/2019 22:44

Thank you! I will post am update tomorrow, I hope I like it. I've never moved alone before, has anyone ever moved to a new property alone? What was it like? I'm pretty independent but not had that experience before.

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Firefliess · 01/10/2019 21:45

That's great to hear. Glad you asked. Hope you like it. Take your time to make the decision that's right for you.

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tattychicken · 01/10/2019 18:04

Good news Flowery, glad you got it sorted. Smile

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