Skip to main content

Latest Newsletter

Sitemap

You Cannot Keep A Horse In Your Living Room!

1833 Hits
You Cannot Keep A Horse In Your Living Room!

A long running case which started in 2011 has decided that a lady who chose to bring her horse indoors during the winter is not allowed to do so. 

She was the owner of the house but her pet horse was removed on the grounds of the welfare of the horse not on the contraventions of several headings of the HHSRS (HHSRS is tenure independent.) Nice precedent for removing animals but not people from property based on unsuitability for welfare..

 (We have to wonder whether HHSRS iHorse Health & Safety Rating System?) is fit for purpose).

Ms Noble, a house owner in Back (Lewis, Western Isles) moved a white Connemara pony into her living room in December 2011. In a press interview in January 2012 she said on being asked about it 'if I wanted to keep an elephant in my house I could. It is more cruel to keep a bird in a cage.' She said that the Scottish SPCA had found the horse in good condition. In October 2013 using the Animal health and welfare act the Western Isles Council taking advice from a vet said there was a potential for harm to the animal and required her to make improvements such as widening the door frames.As no specified improvements were carried out the council then in February 2014 seized the animal and retained it in their care. Ms Noble then brought an action in July 2017 reported 11 July 2017 to get the horse returned to her,her advocate acknowledging that a stable for it might be possible
Sheriff Sutherland determined in April 2018 that the actions of the Western Isles Council in 2013 onwards were not illegal and that the horse can be sold by the council and the proceeds used to defray costs of stabling. I cannot make out why on being asked to determine if the horse be returned to her the sheriff has felt it necessary to review the whole story, decide that the council's actions were legal and could sell the horse. Maybe he had to decide if all the actions taken by the council were legal and if they proved to be then the horse would become their property.,

This is of interest to landlords as well as house owners given that the HHSRS and enviromental legislation wrt to nuisance is tenure neutral. The following subject areas are worth a thought: 

Tweet
There Is Such A Thing As A Free Lunch
Joint Tenant Rent - Who is liable?

About the author

Martin Silman

Martin began his landlord journey 30 years ago, while working in an international role for a global telecommunications company. Since retiring he has extended his portfolio, which he manages with his wife, but has always focussed on the ‘small student HMO’ sector preferring to offer homes in the community for small groups to the more common ‘pack them in and take the money’ mentality. He has chaired the PDPLA for the past 12 years and has overseen the Associations transition from small local self-help group to a much larger and more professional institution which is recognised and listened to nationally. Alongside his PDPLA role, he also has leadership roles in a number of other local organisations – bringing his unique perspective, driving for change and increased use of technology while respecting the history that brought us here.

Related Posts