Housemate broke no pet clause in contract, allergies are forcing me to move out

[myfacehurts]

Hi, I'm wondering where I stand legally on this matter.

I live in a shared house of 5 people and we all have 'no pets' clauses in our contract.

From August to October 2010 we had a mouse problem which wasn't going away and my housemates wanted to get a cat to stop the mice, I refused as I have a cat allergy (typical symptoms are sneezing and runny nose), they strong armed the landlady, then the landlady strong armed me in to agreeing. We got a kitten, but it died of cat flu with in a week, but fortunately before we got another cat the the mice problem went away and no mention of a cat was made since.

Then in Feb 2011 I stepped out of the shower to find 2 cats had were now living in the flat. My housemate had informed all the others before hand, but had kept it from me and the landlady, at this time we hadn't had a mouse problem for 4 months and these cats were purely for pets, no other reason. When I complained to the landlady she didn't back me up and refused to do anything to remove them.

Then in June 2011 I fell ill with burning skin symptoms, after 4 months, over a dozen doctors appointments, some private, we eventually realised the burning skin was a new symptom of my cat allergy that I'd never experienced before, so now I am forced to move out as I cannot live in these conditions.

I spent almost £1000 getting to this point, on several private doctors as the NHS just kept giving me antibiotics that didn't do anything, I had to buy new clothes and bedding under the assumption it was an allergy to a new washing powder at one point.

Is there anything I can do to recoup my costs and get compensation? I've completely lost my summer, having spent 4 months bed ridden, crying myself to sleep not knowing what's going on, I've had to take multiple days off work due to the stress of it all and it seems completely wrong that the end solution to this is to just move out.

Any help and advice would be appreciated.

[boxtops]

I'm afraid I'd have moved out a few weeks ago - your co-tenants obviously aren't troubled by your allergies, they're not going to change. Find somewhere else to live which is cat-free.

[myfacehurts]

I handed in my notice the day I realised it was a cat allergy and am due to move in to my new place next week. You're quite correct that my co-tenants don't care about my allergy or health, which is why I'm wondering where I stand legally re. suing for compensation or taking them to small claims court to atleast get the money it cost for all my medical bills.

[Andyvon]

That's a lot of money and inconvenience they seem to have put you through Myfacehurts. Quite obviously your fellow tenants and land lady don't care about you and you are doing the right thing by moving. You might have a civil case to reclaim your costs and compensation.

However, I think for you to have a valid case you would have to prove to a court that you do have an allergy to cats and that it was the two cats in the house that caused your problems and expenditure. You would also have to provide proof of the expenditure of course, such as receipts.

Good luck.

[emmie]

You may have a case but suggest the time and money it costs to go to the small claims court, and sorry but i do know, isn't worth it.
Its a fair amount of money, and perhaps if you are sure, proceed once you speak with someone in the CAB, i assume you are in the UK.
Best of luck

[Eve]

Was the clause in your contract that no pets were allowed at all or that they were not allowed unless the landlady consented?

[myfacehurts]

The clause said that they weren't allowed at all. She later gave one of the housemates written consent to have one cat, it was a different housemate who then bought two cats in to the flat.

[BrainsTracy]

sorry but why are you living with these idiots?

[BrainsTracy]

move out and sue their inconsiderate ar5ses in the small claims court.

[Skyline D]

No idea if there's a case here at all (there should be) but whatever there is presumably would only be against the tenant who brought the cats in, and possibly the landlady who refused to enforce the contract. I don't see how the other tenants could have any liability to anything?

[Twenty20]

The fact is that you did agree to having a cat on the premises back in August - October 2010. I don't think it's any use saying you were 'strong armed' by the LL - the choice was yours to agree or not. Knowing that you have an allergy to cats would mean that, logically, you either wouldn't agree to this or you would have given notice and moved out.

As you admit that you agreed to have a cat then it seems unreasonable now, a year later, to complain about it or to be talking about compensation.

Of course, you could go to the small claims court but I doubt if you would succeed.

Why did you not move out sooner, sometime over the past year?

[myfacehurts]

I'd never experienced these kind of symptoms before, usually it's just coughing, sore throat and sneezing and comes on within about 5 minutes.

The symptoms I'm currently experiencing took several months to start and are skin burning and rashes and started on my most delicate areas first then spread accordingly, so I spent a few months down clinics trying to work out if I had an STD or not before the doctors started to take the fact I have a cat allergy in to account for the symptoms.

We only realised it was my cat allergy at the start of October.