In regards to renting, there are commonly used tenancy agreements that claim to be in accordance with tenancy law and regulation. From my research, I can’t ever see this premise being tested.

These default tenancy agreements state that an animal or bird can not be kept at the premises UNLESS PERMISSION IS OBTAINED (this is the rented premises that the law gives the renter full right of access to providing they pay rent and behave).

Dogs are chattel – full stop. Not only are they chattel, they are LEGAL chattel if registered per applicable law where you reside.

SO HOW CAN A RENTAL AGREEMENT MAKE YOU ASK PERMISSION TO HAVE A DOG – OR, THE LEGAL EQUIVALENT, A PINK HANDBAG AT YOUR HOME?

I broke my back in January 2007 and suffered with chronic pain, stress and depression for 8 months, was off work and generally unable to cope with life whilst waiting for treatment on the NHS. In August 2007 I asked my neighbour if I could start walking her dog.

This dog (Ellie, a collie- lurcher, 6 months old) had recently been passed to my neighbour by her father who lived on a narrowboat and found the dog was growing too big. My neighbour, a single mum with a son of about 3 years rarely walked the dog and had it tied up in the back garden for most of the day.

Over the next 7 months I walked Ellie on a daily basis in all weathers, all through winter, taking her for long walks across fields where she got a real taste of freedom. We bonded emotionally and the physical exercise calmed Ellie down and gradually I began to recover and became pain free to an extent where I could return to work again. I built Ellie a super dog kennel, brought her fresh bones, washed and cleaned her if she got dirty on the fields.

My neighbour decided to get rid of Ellie at one point because of her difficult behaviour, I was quite distraught
to here this and decided to take her in myself. A couple of days later she asked for Ellie back and I foolishly agreed as the previous arrangement of walking Ellie was fine with me. We agreed that I could still take her for walks as it was good for my back, if I stopped the walking the pain quickly returned.

I taught Ellie many things, we went on trips out. None of this I did for money, but because it was good for me physically, mentally and good for Ellie too. She was my perfect companion dog and fitted into my outdoor lifestyle perfectly. In the last couple of months I even took her to dog training classes until my neighbour gradually stopped answering the door. She wrote me a letter explaining that Ellie thinks I’m her owner, that she chews her toys up if she doesn’t see me and that she wanted to do everything herself now.

I haven’t been able to walk Ellie for about 6 weeks now. It really breaks my heart to see her over the fence everyday and not be able to interact with her.

I phoned the RSPCA to ask for some advice because I’m worried about her not being exercised and they said to monitor the situation for a few weeks which I have done. She doesn’t get a daily walk, stimulation, socialization, lessons or quality time like she used to with me, my neighbour doesn’t understand this breed is athletic. She is tied up – or in the house.

Can I apply for custody on health grounds – for me and on welfare grounds for the dog? I have made a massive investment in Ellie as she became my motivation and has kept me well. Since not walking her I have found it physically and emotionally more difficult to cope. I would just be happy to have access, but I believe the courts can’t grant access to a dog. Can anyone help with advice? Do I have any hope?