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Original poster

Rehoming shelter threatening to take cat away - what are my rights.

111 replies

CatLadyLegal · 26/04/2024 19:39

Residing in Scotland. 2 weeks ago, I rehomed a cat from a registered shelter/rehoming centre. I paid £85 adoption fee and went off on my merry way with the cat. Cat settled in quickly and was happy and affectionate, but sadly, quickly, it became apparent that my husband and toddler were highly allergic to her, to the point my husband had an asthma attack. We have another cat here and everyone is fine around her, no allergies.

So, fast forward to present day, we rehomed the cat to a family we know well in our street. We did not take any money for this and I decided to let the shelter know because they had not yet transferred the chip details to me for her microchip,
So I explained the situation and advised of the new owners. I then got a call from the owner of the shelter and got grief on the phone. She could hear I was upset, but carried on hounding me. She said we should have given the cat back to the shelter instead, but I didn't want to put her through the experience again and she's already really settled and happy in her new home.

I accept responsibility I may have handled this wrong and I hold my hands up for that, however, the shelter have made contact with the new owners and told them they are going to their house tomorrow to take the cat back!

Where do we stand with this? I thought as money was exchanged with me and the shelter, that a contact was entered and I am now the legal owner of this cat, so it's my choice what to do with her. There's nothing I can see in the paperwork that they can take her back etc, so I just want to see where we stand please! Can she take the cat back or am I actually the legal owner still and can stop this? Insurance is in my name, it's just the chip which was still to be transferred. Their argument is because the chip is in the shelter name, she is still their cat!

OP posts:
YellowDaffodilRedTulip · 26/04/2024 21:09

You should have given the cat back to the shelter, it was only 2 weeks, I can see why they are pissed.

However, technically, the ‘must give animal back to shelter rather than rehoming’ clause in most shelter contracts wouldn’t stand up in court. They rely on people not knowing that, to enforce it. Once you purchase an object (whether that’s a car, piano, handbag, cat or dog) it is yours.

Floralnomad · 26/04/2024 21:14

You should have just taken the cat back to the shelter , that is absolutely the normal thing , not to just rehome it yourself .

sebanna · 26/04/2024 21:20

They will be trying to protect cats from being passed on to unsuitable homes.

Branleuse · 26/04/2024 21:21

Standard to have to go through the rescue. My dog is dual registered on her chip with my details and the rescues details, and if I can't look after her anymore I have to let them know and she goes through them.

Original poster
CatLadyLegal · 26/04/2024 21:25

Right, just been round to the other family with all paperwork and we have scanned every single word and no where does it say anything about the shelter taking her back. It's all the insurance terms and conditions with the 4 week free pet plan cover which says if ownership changes, the 4 week cover cannot be transferred. That it all. Nothing else at all and we have checked 3 times and taken copies

OP posts:
ISeeTheLight · 26/04/2024 21:30

Often there's something on the microchip linking the cat back to the shelter.
YABVVVU to rehome a cat FOR FREE. Never do this. People use cats for all sorts of nefarious reasons. And then there's the question of whether they can actually afford to look after the cat, incl vet bills. There's a reason shelters ask for a donation (other than to cover some of their costs).

PurplePansy05 · 26/04/2024 21:30

They probably have T&Cs on the website.
In any event, you are in the wrong. You should've returned the cat to the shelter. The shelter was right to give you grief.

The cat is owned by the shelter and microchipped to them.

The shelter is rightly coming to collect the cat.

It has nothing to do with you anymore. Get over yourself.

ZipZapZoom · 26/04/2024 21:32

CatLadyLegal · 26/04/2024 21:25

Right, just been round to the other family with all paperwork and we have scanned every single word and no where does it say anything about the shelter taking her back. It's all the insurance terms and conditions with the 4 week free pet plan cover which says if ownership changes, the 4 week cover cannot be transferred. That it all. Nothing else at all and we have checked 3 times and taken copies

But just because it doesn't say that in the paperwork doesn't mean it's not the right thing to do? I don't understand why your first thought wouldn't still be to contact the rescue centre,? If I were the rescue I'd be really confused that you've had the cat a few days and given it to someone else.

Rainydayinlondon · 26/04/2024 21:33

The irony is that you thought you were doing the right thing informing the shelter and now they’ve made you out to be the villain.
I would emphasise that the shelter should not be removing the cat from your neighbours just to prove a point/tick a box. It’s in the cat’s best interests to stay put and it would actually be cruel to take it away to be put in a cage again.

Iamtheoneinten · 26/04/2024 21:36

YellowDaffodilRedTulip · 26/04/2024 21:09

You should have given the cat back to the shelter, it was only 2 weeks, I can see why they are pissed.

However, technically, the ‘must give animal back to shelter rather than rehoming’ clause in most shelter contracts wouldn’t stand up in court. They rely on people not knowing that, to enforce it. Once you purchase an object (whether that’s a car, piano, handbag, cat or dog) it is yours.

I seem to remember a long running thread on a similar situation regarding whether or not a rehoming shelter remained the legal owner or not. No idea how it ended up, it was a long time ago, but if I remember correctly there was a lot of time, effort and money spent (including legal fees) trying to prove it one way or the other...

milesmachine · 26/04/2024 22:02

Not to derail the thread but @ISeeTheLight People use cats for all sorts of nefarious reasons.

Wh...what...?

ISeeTheLight · 26/04/2024 22:03

milesmachine · 26/04/2024 22:02

Not to derail the thread but @ISeeTheLight People use cats for all sorts of nefarious reasons.

Wh...what...?

As bait for illegal dog fights for example.

Josette77 · 26/04/2024 22:05

It might not be in the insurance paperwork but you likely signed a paper with them that will say this.

It's to protect vulnerable animals and it's a good thing.

milesmachine · 26/04/2024 22:11

Oh gawd, wish I hadn't asked! Gosh people can be pure evil

SD1978 · 26/04/2024 22:29

They normally don't allow you to pass on the animal, they vetted you and decided your house worked for the animal, not the person you handed it off to. You're expected to return it to the shelter, and they rehome it

Costacoffeeplease · 26/04/2024 22:35

You always return an animal to the shelter if you can’t keep it. How do they know what the people are like who have the cat now? How do they know you’re not just a ‘front’ for the type of activity that has already been mentioned?

The rescue are right to be annoyed about this situation

Pearsplums · 26/04/2024 22:35

ISeeTheLight · 26/04/2024 22:03

As bait for illegal dog fights for example.

Show quote history

This is OPs neighbour whom she knows well. Seems unlikely they are running illegal dog fights in their basement without OP knowing about it.

fromaytobe · 26/04/2024 22:41

SD1978 · 26/04/2024 22:29

They normally don't allow you to pass on the animal, they vetted you and decided your house worked for the animal, not the person you handed it off to. You're expected to return it to the shelter, and they rehome it

^ Yes, this.
It is to stop unscrupulous or otherwise unsuitable people being able to get a cat by having a 'friend' adopt one on their behalf.

I'm sure that you acted in good faith, but I'm also sure that you will understand why the shelter has taken exception to what you've done. You should have returned the cat to the shelter. It happens, people do rehome pets and then find that for whatever reason, it isn't working out as hoped. You are supposed to take the animal back, not pass it on to someone else.

PoppyCherryDog · 26/04/2024 22:41

When we adopted our dog there was a clause that said if we don’t want her anymore we must return her to the rescue.

The rescue have a responsibility to ensure their animals have good homes. They would’ve vetted you and this agreed you could adopt the cat. They won’t have vetted your neighbours, I’m not surprised they’re not happy.

YellowDaffodilRedTulip · 26/04/2024 22:45

What’s done is done. Legally they cannot take the cat from the other family. Their issue would be with you for breach of contract, although as I said, the clause is rarely found to be legally binding.
Then they would have to apply to a court for the cat to be returned, which they won’t.
Don’t give them the other family’s address.

ClairemacL · 26/04/2024 22:56

If they don’t know where the neighbour lives, what can they do? Let them huff and puff. What a waste of their time and energy..

Original poster
CatLadyLegal · 26/04/2024 23:01

Jesus Christ, no I've not fobbed the cat off to be used in dog baiting! Classic Mumsnet jumping to the worst conclusion!

My neighbours are a retired couple looking for a companion.

The shelter never bothered to do a house check, despite me asking many times, instead they said they would follow up a few days after adoption, yet again, they never did! This is the third time she would have been in the shelter and I wasn't prepared to do that again to her! When we got her she was very skinny and covered in dandruff! My vet says she was clearly traumatised.

I acted in good faith and I know she is well settled and will be very happy.

Honestly, still shaking my head at the dog baiting comment!

Oh and to the poster saying it has nothing to do with me anymore - it bloody well does when the owner of the shelter is threatening to come to my door tomorrow morning!

OP posts:
ClairemacL · 26/04/2024 23:03

Let them come, what are they going to do? Stamp their foot on the doorstep?

CatamaranViper · 26/04/2024 23:14

I get why they're saying what they're saying, but in your case it sounds like you've made a very sensible decision, found a very suitable home for the cat and not tried to profit off it.
Of course it's your business since it's you who's getting grief. Not sure how you keep out of it tbh! It's not like you have any authority to give the cat back unless you break into their house.

Tell the shelter they're more than welcome to come banging on your door, but they should probably concentrate their efforts on doing the house checks they're clearly forgetting about.

Whatevershallidowithmylife · 26/04/2024 23:16

I would suggest you’ve done more background checks than the rescue did. If there’s nothing in the paperwork they have no legal rights to the cat. Sadly though the ‘bait’ comment is correct.