Hampshire dog owner loses eviction threat battle

Hampshire dog owner loses eviction threat battle


A Hampshire woman who was threatened with eviction because she keeps a dog has lost her Court of Appeal battle.



Dee Thomas-Ashley, who has mental health problems, lives in a Drum Housing Association flat with her pet.



Her defence counsel claimed its dog prohibition clause "contravened" the Disability Discrimination Act.



Three Court of Appeal judges expressed sympathy for Ms Thomas-Ashley, but rejected a challenge brought against her landlords.



Ruling at a court in London, Sir Scott Baker said: "Whilst one inevitably has sympathy for the predicament in which the appellant finds herself this is not a case where the interpretation of the legislation can be stretched in order to assist her. Its meaning is clear."



Dog banned



At an earlier hearing, Joshua Dubin, representing Ms Thomas-Ashley, said a doctor treating her had given evidence that "not only was her dog beneficial to her, he was essential to her rehabilitation and his loss could plunge her into a severe depressive state".



Mr Dubin had asked the High Court judges to reverse a possession order ruling on her flat in Itchen Court, Crombie Close, Lovedean, made at Southampton County Court last year and rule it unlawful.



He also asked them to rule that the housing association's refusal to amend the no dog rule in its tenancy agreement was unlawful discrimination.



However, Philip Glen, representing Drum, said Ms Thomas-Ashley had taken in Alfie because she was helping her daughter when her ex-husband banned the border collie-Jack Russell cross from the former matrimonial home.



He added she knew about the clause in the tenancy agreement when she took the dog in.



Ms Thomas-Ashley described her dog as her "reason to get up every morning".

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