Declaration of Trust vs Cohabitation Agreement explained
In a time when couples living together are the fastest-growing family type in the UK, it is important to have
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The law regulating dogs has been strengthened and owners can now find themselves facing serious legal consequences if their dog behaves dangerously. Under Section 3 of the Dangerous Dogs Act 1991, it is a criminal offence to let a dog be dangerously out of control anywhere, whether in public, on private property, or even in your own home.
Under section 1 of the DDA 1991, it is against the law to own the following types of dog:
Penalties available for out of control dogs (the relevant maximum) is:
There is a presumption that the dog will be put down if it has behaved dangerously.
A dog is considered dangerously out of control if it injures someone or makes them fear it might. Courts may also act if a dog attacks someone else’s dog, or other pet, or if someone thinks they could have been injured whilst stopping an attack. These offences can be prosecuted by both local authorities and the Crown Prosecution Service (CPS), depending on the severity of the incident.
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It is against the law to:
Whether a dog is a banned type depends on what it looks like, rather than its breed or name.
A person who contravenes section 1 of the DDA 1991 is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 6 months or an unlimited fine or both. In addition, cases involving prohibited breeds of dog usually result in the dog being put down.
We understand how serious it can be if your dog’s behaviour leads to legal action. Our specialist lawyers combine legal expertise with practical experience to protect your rights and guide you through every stage of the process.
At Tees, you’ll also have access to our in-house independent financial advisers, who work alongside our legal teams. This joined-up service means you receive clear, coordinated advice that takes account of both your legal and financial situation — all under one roof.
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You can make an application to the court for a certificate of exemption. This can be granted if the court is satisfied that the dog is not dangerous. You can also seek an interim certificate of exemption pending assessment, which allows the dog to be returned to the owner.
No. The certificate of exemption can only be transferred in the event of ill health or death.
Yes you can be prosecuted as the person in control of the dog at the time.
Yes you have a potential defence if you show that you left the dog in the control of someone who you considered to be a fit and proper person to look after the dog.
There is a defence if your dog bites someone trespassing within your home, but this defence does not extend to someone trespassing in your garden, driveway or outbuildings.
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