Deaf woman allowed to keep barking Shih Tzus which provide her with 'emotional support' despite neighbours' angry complaints

Companions: Ashleigh Costello, who is deaf, with the Shih Tzus. Her housing association said the dogs constituted a nuisance
Ross Lydall @RossLydall15 December 2017

A woman whose three dogs sparked noise complaints from neighbours has been allowed to keep the pets after her lawyers argued they provided vital emotional support.

Ashleigh Costello, 55, was accused by her housing association landlord of breaching her tenancy agreement as the dogs constituted a nuisance.

But she was allowed to keep the pets for the rest of their lives at her home near Ladbroke Grove after her solicitor used the Equality Act to defend the claim from Octavia Housing.

Ms Costello, who is deaf, lost her partner and two close friends within a short time and said the dogs — two Shih Tzus named Bon Bon and Chester and a Jack Russell/Chihuahua cross named Tibor — provided practical support for her disability and companionship when she was at her lowest.

Shih Tzus: 'The Lions of Love'

 

The Shih Tzu is a Chinese dog beloved of celebrities such as Paris Hilton and Geri Horner.

The name means “little lion” and  they were bred as royal companions by Chinese emperors in the 17th century and first brought to England in 1928 by Lady Brownrigg, the wife of the quartermaster general of the North China Command.

The animals are said to be affectionate, loyal and intelligent — but with a stubborn streak.

Shih Tzus are the 16th most popular dog in the UK, with nearly 3,500  Kennel Club registrations last year.

​Octavia had initiated court proceedings, saying that although it had never objected to her keeping one trained assistance dog for the deaf, her three dogs constituted a nuisance.

Ms Costello said the dogs were too old to be rehoused and feared they would have to be put down if they were not allowed to continue living with her. Siddiq Fazaluddin, of law firm Hodge Jones & Allen, said Octavia had failed to keep a promise to provide Ms Costello with help to buy extra carpets and other measures to reduce the noise.

Mr Fazaluddin also claimed that Octavia had not made reasonable adjustments to take account of his client’s disability. He said it would take time to obtain a trained assistance dog, with her dogs likely to have died before she made it to the top of the waiting list.

The case at Willesden county court was postponed several times, during which time Tibor died. At the hearing, Octavia agreed that Ms Costello could keep the other two dogs until they died after she said she would take all reasonable steps to ensure they did not create a nuisance.

She will only be allowed to replace her pets with a formally-trained assistance dog for the deaf.

Octavia assistant director Paul Lautman said: “We always try to work with our tenants to help them with their needs but this was a complex case and we are pleased that the court supported our position.”

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