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9 hours ago
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Spain launches another tax raid on British holidaymakers
Are you a holiday let owner affected by the Spanish government's new tax? Get in touch money@ Spain's socialist government is planning a tax raid on British holiday let-owners in the country. The ruling Spanish Socialist Workers' Party wants to charge 21pc VAT on stays of less than 30 days – more than double the rate paid by hotels. It comes as Madrid lawmakers take aim at foreign property investors as part of efforts to tackle high housing costs. Draft legislation put before the Spanish parliament would raise taxes on owners of short-term tourist rentals from the current rate of zero. The levy rate paid by hotels is just 10pc. Unveiling the new bill last month, housing minister Isabel Rodriguez said: 'Homes are for living in [...] the measures seek to guarantee the right to rental housing for families.' The proposed change is part of the same legal push to impose a 100pc purchase tax on the sale of Spanish property to non-European Union buyers and also includes higher taxes for second homes and vacant properties. Alex Radford, partner at Spain-based law firm English Solicitor & Abogado, said: 'The VAT has got more chance of being implemented than the 100pc tax on a property bought by a non-European.' He said that if approved, the bill would likely increase the cost of holidays and lead to fewer available holiday lets in Spain. 'We would envisage that the rental [market] is going to be slightly more expensive. If owners have to add 21pc VAT to the cost of a rental, then we would expect rentals to decrease and people will look at other countries.' 'It's still early days and we don't know what will get approved and what will not,' Mr Radford added. Millions of Britons who visit and live in Spain face losing out because of the new laws, which will undergo scrutiny and potentially amendment before being voted on in the second half of this year. There were more than 260,000 British expats living in Spain at the last official count in 2020, while it received 1.6 million tourists from the UK – more than any other country – during the busy April period last year, according to the Spanish statistics agency. Robert Amsterdam, partner Amsterdam & Associates, a law firm that has campaigned against higher Spanish taxes, said: 'The Spanish government is diverting the attention of the Spanish people away from the government's behaviour and they're coming up with the British as enemy number one.' Most estimates place the number of British people who own property in Spain between 800,000 and one million. A figure for the number of British holiday let-owners in the country was not available. British non-residents bought 3,480 homes in Spain in the first half of 2024, making up 38pc of a total of 9,166 properties sold to non-resident non-EU buyers, according to the latest available figures from the General Council of Spanish Notaries and Spanish Property Insight. Growing anti-tourist sentiment in Spain has already seen cities like Malaga and Madrid capping new licences for holiday lets, while Barcelona will ban them completely by 2028. Spanish media reported in January that Barcelona's plans would cost €1.9bn (£1.6bn) and lose the city around 40,000 jobs, based on a report by consultancy PWC. The country's minority coalition government has defended a crackdown on foreign property investors and holiday let-owners as necessary to make more housing available for Spanish people. There is a deficit of 450,000 homes across Spain, according to a Bank of Spain report published this week. In popular tourist destinations like the Canary and Balearic Islands half the housing stock is either holiday lets for tourists or homes owned by foreigners, it said. Javier Peñate, a legal adviser to a holiday homeowners association in the Canary Islands, told Reuters: 'The sole objective is to put an end to these activities and leave [tourism] in the hands of hoteliers.' Short-term rentals in the province already pay 7pc VAT, as do hotels. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
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10 hours ago
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Spain launches another tax raid on British holidaymakers
Are you a holiday let owner affected by the Spanish government's new tax? Get in touch money@ Spain's socialist government is planning a tax raid on British holiday let-owners in the country. The ruling Spanish Socialist Workers' Party wants to charge 21pc VAT on stays of less than 30 days – more than double the rate paid by hotels. It comes as Madrid lawmakers take aim at foreign property investors as part of efforts to tackle high housing costs. Draft legislation put before the Spanish parliament would raise taxes on owners of short-term tourist rentals from the current rate of zero. The suggested 21pc levy is more than double the 10pc paid by hotels. Unveiling the new bill last month, housing minister Isabel Rodriguez said: 'Homes are for living in [...] the measures seek to guarantee the right to rental housing for families.' The proposed change is part of the same legal push to impose a 100pc purchase tax on the sale of Spanish property to non-European Union buyers and also includes higher taxes for second homes and vacant properties. Alex Radford, partner at Spain-based law firm English Solicitor & Abogado, said: 'The VAT has got more chance of being implemented than the 100pc tax on a property bought by a non-European.' He said that if approved, the bill would likely increase the cost of holidays and lead to fewer available holiday lets in Spain. 'We would envisage that the rental [market] is going to be slightly more expensive. If owners have to add 21pc VAT to the cost of a rental, then we would expect rentals to decrease and people will look at other countries.' 'It's still early days and we don't know what will get approved and what will not,' Mr Radford added. Millions of Britons who visit and live in Spain face losing out because of the new laws, which will undergo scrutiny and potentially amendment before being voted on in the second half of this year. There were more than 260,000 British expats living in Spain at the last official count in 2020, while it received 1.6 million tourists from the UK – more than any other country – during the busy April period last year, according to the Spanish statistics agency. Robert Amsterdam, partner Amsterdam & Associates, a law firm that has campaigned against higher Spanish taxes, said: 'The Spanish government is diverting the attention of the Spanish people away from the government's behaviour and they're coming up with the British as enemy number one.' Most estimates place the number of British people who own property in Spain between 800,000 and one million. A figure for the number of British holiday let-owners in the country was not available. British non-residents bought 3,480 homes in Spain in the first half of 2024, making up 38pc of a total of 9,166 properties sold to non-resident non-EU buyers, according to the latest available figures from the General Council of Spanish Notaries and Spanish Property Insight. Growing anti-tourist sentiment in Spain has already seen cities like Malaga and Madrid capping new licences for holiday lets, while Barcelona will ban them completely by 2028. Spanish media reported in January that Barcelona's plans would cost €1.9bn (£1.6bn) and lose the city around 40,000 jobs, based on a report by consultancy PWC. The country's minority coalition government has defended a crackdown on foreign property investors and holiday let-owners as necessary to make more housing available for Spanish people. There is a deficit of 450,000 homes across Spain, according to a Bank of Spain report published this week. In popular tourist destinations like the Canary and Balearic Islands half the housing stock is either holiday lets for tourists or homes owned by foreigners, it said. Javier Peñate, a legal adviser to a holiday homeowners association in the Canary Islands, told Reuters: 'The sole objective is to put an end to these activities and leave [tourism] in the hands of hoteliers.' Short-term rentals in the province already pay 7pc VAT, as do hotels.
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a day ago
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‘Why should we have to downsize?': How boomers became the victim generation
We're looking for readers in different generations to talk about change within their families, such as a grandparent and grandchild's experiences of buying their first home. To get involved, email us at money@ Baby boomers have nothing to complain about. Bumper pensions. Free university education. House prices that have gone through the roof. Some of them even got to see The Beatles. This, at least, is the idea that's caught fire over the last 20 years, a period in which the debate about inequality in Britain has been reframed as a tug-of-war between generations. Boomers – the post-war cohort born between 1946 and 1965 – are blamed for hoarding wealth after winning the economic lottery. The losers are said to be Generation Z and millennials – born between 1980 and 2009 – who face sky-high mortgages and record-breaking rents, stagnating wages, massive student debt and outrageous student loan repayments, plus an unstable jobs market. There is a stigma attached to being a 'boomer', which has become shorthand for greedy, entitled and out of touch. Boomers have been accused of 'stealing their children's futures' by taking more than their fair share. Many believe they are unfairly victimised – pilloried for their wealth, and told to downsize out of their house to make way for younger families. But are they right to feel that way? A report by the House of Commons' Women and Equalities Committee in February confirmed what many older citizens have experienced first-hand. It found 'clear evidence' of ageist stereotyping across British media, with debates about intergenerational fairness tending to pit younger and older generations against each other in a 'perceived fight for limited resources'. The report went on: 'Older people are also frequently stereotyped as wealthy 'boomers' living comfortable lives in homes they own while younger generations struggle on low incomes, unable to afford to enter the housing market and struggling with high rents.' These 'narratives', the committee said, have fuelled 'divisive and harmful tensions in society'. This resentment doesn't come from nowhere. Recent figures released by the Office for National Statistics (ONS) showed that boomers are by far Britain's richest cohort. The average wealth of households aged 65 to 74 is £502,500 – more than 30 times that of Gen Zs aged 16 to 24, who typically have £15,200. Boomers' wealth is also 4.6 times greater than those aged 25 to 34, who are mainly younger millennials, with £109,800. This may not seem very surprising given older people have had a lifetime to accumulate savings, homes and pensions. 'There's an extremely strong life-cycle component to wealth,' says Simon Pittaway, a senior economist at The Resolution Foundation think tank. 'Most people start working lives with very little, build it up through peak working years then run it down in retirement. 'This has been the case for a long time. But we're seeing that profile getting starker.' The gap between the generations has grown since the financial crisis, which is often blamed on the boomers, who, the argument goes, were steering the ship at the time. A Resolution Foundation study found that between 2006-08 and 2018-20, median wealth among Britons in their 60s rose by 55pc in real terms, but median wealth for those in their 30s fell by 34pc. At the same time, the share of Britain's wealth held by the under-40s has fallen from 7.5pc in 2010 to 4pc today. It's statistics like these that mean boomers are often implored to give away their hoarded wealth, or downsize into smaller properties to make room for young families. John Griffiths, 80, insists his generation is in fact supremely generous – and shouldn't be discriminated against for having done well. 'It's a gimmick in the financial media to blame the boomers,' he says. 'It's not our fault property went up the way it did in the 60s and 70s. [The house price rises] drove most of us out of London.' Griffiths was born shortly after VE Day in May 1945, putting him right on the cusp of the boomer bracket. 'I tend to count myself as one of them,' he says. After training as a chemical engineer, he spent 20 years in the gas industry and the North Sea designing and building offshore oil facilities. He went on to found his own marine energy consultancy, advising clean energy firms and governments on how to best harness the power of waves and tides. He retired five years ago at the age of 75. His successful career has allowed him to pass on lump sums totalling £500,000 to his three children, who are in their 40s and 50s and have children themselves. A large part of his financial security derives from property wealth. The house in Wimbledon that he bought with his wife Valerie in 2006 for £545,000 is now worth £1.3m. Homeowners aged 60 and over hold more than half of the nation's owner-occupied housing wealth, totalling an estimated £2.89 trillion, according to estate agents Savills. Two thirds (67pc) of homeowners aged 65 and over have two or more spare rooms in their property, even as a shortage of affordable housing prevents young families from buying their first home. The Tony Blair Institute think tank has called for larger properties to be taxed more to encourage owners to downsize. But Griffiths believes pressuring older people to vacate their homes is unfair. 'It doesn't sit well with me. I don't think older people are hoarding. They stay where they are because they're afraid of change. 'Many don't have supportive families to help them, and are stuck where they are.' Dr Jennie Bristow, a reader in sociology at Canterbury Christ Church University, traces boomer bashing back to the collapse of traditional political frameworks at the end of the 20th century. 'From the 1990s, we started trying to explain societal problems that went beyond Left and Right,' she says. 'It's still playing out now in the culture wars.' It was a time when demographic anxieties were spreading across the Western world. Ageing populations mean relatively fewer younger workers supporting the swelling ranks of elderly pensioners through the welfare system. Old-versus-young became the salient faultline. 'The narrative that emerged was that the 2008 financial crisis was due to policy decisions, and also cultural individualism, that was personified by the baby boomer generation. These are the people who are hoarding wealth and will benefit from big pensions. 'For the Right, it's an argument for restructuring the welfare state. And for the Left, it's used as a reason for more welfare and less Thatcherite individualism. It brought those two opposites together.' Bristow believes anti-boomer sentiment peaked in 2010, the year that David Willetts, a former Tory MP turned public intellectual, published an influential book called 'The Pinch: How the Baby Boomers Stole Their Children's Future'. She says the tendency to blame the boomers has turned into a 'frenzy' that ignores inequalities within generational cohorts. 'The boomers associated with the 1960s generation, born straight after the war, did reap a lot of the benefits of that time. There were a lot of possibilities, economic opportunities, and they ended up with good pensions. But not everyone was part of this. It was actually quite a narrow section of society. 'Younger boomers came of age in the far more pessimistic 1970s. Yes, people got grants for university, but only 7pc of the cohort went.' Richard Merry was born in 1955, putting him right in the middle of the boomer generation. After leaving school at 16, Merry joined the armed forces, eventually becoming a member of a special army unit that sent him all over the world during a 50-year career. He has worked hard to retire three years ago in relative comfort, but acknowledges that younger generations have a tougher ride in many ways. 'People just don't earn that sort of money any more,' the 69-year-old says. 'I get a little bit sick with the boomers saying that it's young people's own fault for not getting on the property ladder.' Merry bought a three-bedroom semi-detached house in south-east London for £77,000 in 1990. It is now worth over £1m. It was easily affordable on his salary of around £32,000, equivalent to £80,000 today. 'My children, both in their 30s, work incredibly hard and lead tough lives. You simply can't compare property prices and deposits now to what they were.' But it's not all plain sailing for his generation. Care costs, for instance, are 'crucifying' the boomers, he says. His own mother's old age care cost £320,000 over three years – money that would have gone to Merry and his sister. They had to sell their mother's home to pay for it. 'All the talk is that boomers are hoarding wealth, but we're going to be skinned alive when it comes to care costs.' On tax and earnings too, it hasn't been the easiest of rides. 'People at the bottom benefitted from increases in the minimum wage, but middle earners like me have had the stuffing kicked out of them.' On the contrary, Angus Hanton, of the Intergenerational Foundation think tank, believes boomers have 'heavily rigged the game in their favour' over decades by repeatedly voting in governments that have given them a good deal. 'Boomers have fought tooth and nail to protect their interests,' he says. 'We can see that most starkly in how the tax system is structured – what's taxed heavily is earned income. Younger working people pay income tax at a high rate from a low level of earnings, plus National Insurance and student loan repayments, which is basically a tax. 'But unearned income is taxed very lightly – money in Isas and Sipps, and capital gains tax is half the rate of income tax.' Hanton, a boomer himself, rejects the idea that the focus on competing age groups squeezes out other factors from the conversation – like class, race or gender. 'Generational inequality is a really important lens and we shouldn't refuse to look through it just because there are other lenses available.' Evidence suggests that many younger people are looking at the world – and their claim on the material wealth of their elders – through this lens. Research by Moneyfarm, an investment platform, found that two in five millennials fear their parents were frittering away 'their' inheritance, while a fifth said their 'spendthrift' parents were selfish for failing to consider their children or grandchildren's economic wellbeing. Meanwhile, 61pc of Gen Z feel they have to work harder than their parents did, according to YouGov polling. The reality is that many young people will benefit indirectly from the economic success of their parents and grandparents. A much-cited report from estate agents Knight Frank found that millennials are set to become the 'richest generation in history', thanks to the steep rise in the value of property assets accumulated by the generations before them which will be passed on when they die. Yet Bristow points out that even if millennials as a group are in line for a huge windfall, the only ones who will actually benefit are those with well-off parents who rode the property wave. Boomers, too, all tend to be tarred with the same brush. 'You can look at it two ways, generationally,' she says. 'Not all older people are wealthy. So saying boomers have stolen their children's future doesn't stack up.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
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a day ago
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‘I moved to Bali as a digital nomad. Life is luxurious even on a budget'
To take part in How I Spend It, please use the form below or email money@ As a thank you, published diarists will receive a £50 Amazon voucher. All our subjects are genuine but anonymous. For years, London was my life. The familiar hum of the city, the vibrant energy, the endless opportunities – I loved it. But over time, that hum began to sound more like a monotonous drone. The pressure of continually climbing the career ladder, the exorbitant cost of living (especially rent for my flat near Camden), and the feeling of being perpetually on a treadmill all started to wear me down. Then, the pandemic hit, and the forced pause made me seriously re-evaluate everything. So, I did what any sane (or perhaps slightly mad) person would do: I let out my flat in London, packed a single suitcase, and became a digital nomad. It felt like a leap of faith, but also an incredibly liberating decision. My parents have always instilled in me a strong work ethic, but also encouraged me to pursue experiences, so they were surprisingly supportive of this unconventional path. I studied Graphic Design at university, graduating with a student loan that I'm still chipping away at each month. My first job out of university was as a junior designer, earning £22,000 annually. I steadily worked my way up, which led to a senior designer role where I was earning £35,000 before I decided to go freelance three years ago. Now, as a freelance graphic designer with primarily UK clients, my income is variable, but I aim for around £4,500 gross per month. This figure also includes the £1,500 I receive from renting out my UK flat, which helps cover my ongoing UK commitments. My monthly outgoings here in Bali are considerably lower, averaging around £2,000, which includes everything from accommodation and food to travel and leisure. My financial goals have shifted significantly. While I'm not actively saving for a house in the UK at the moment – that feels like a goal for a much more distant future – my current focus is on building a solid emergency fund and investing in experiences rather than accumulating material possessions. I aim to put away at least £500-£700 into a flexible savings account each month, though this can vary depending on project flow. I'm also mindful of maintaining a healthy buffer in my business account for quiet periods. I truly believe that investing in travel and new cultures enriches my life in ways that traditional savings accounts can't. It's a different kind of wealth. Total spent so far: £0 I woke up to the symphony of nature. The guesthouse is nestled amid rice paddies, so instead of London traffic, I hear roosters, chirping geckos, and the gentle splash of the koi pond. It's incredibly serene, a stark contrast to my previous life. After yoga on my balcony I had a green smoothie for breakfast. I blended spinach, banana, pineapple, and coconut water from the local market (£2). It's incredibly refreshing and a healthy start to the day. I am lucky that the guesthouse offers a communal workspace for £15 a day with complimentary tea and coffee. It's a mix of solo travellers and digital nomads, creating a productive and friendly atmosphere – and the tranquil environment helps me concentrate. The guesthouse itself is a collection of traditional Balinese bungalows surrounding a central garden and pool – it feels like a little oasis. For lunch I went to a nearby family-run eatery that's a local favourite and opted for a mixed rice dish called nasi campur. It's delicious and at £3 the price is incredibly cheap – a real bargain compared to any London lunch! After work I headed out to explore Ubud. I wandered through the bustling local markets, admiring the handcrafted souvenirs and colourful textiles. I resisted buying anything, but it's easy to get carried away here. For just £6 I decided to visit the Ubud Monkey Forest. It's a bit chaotic, with hundreds of monkeys roaming freely, and you have to be vigilant with your belongings, but it's undeniably entertaining. I found myself laughing out loud watching their antics – definitely a unique interaction, even if they're just after your sunglasses! Dinner was at a vegan restaurant where I opted for a tempeh curry with brown rice (£8), which was flavourful and satisfying. It's wonderful how many healthy and affordable options there are here. Total spend: £34 After a lie-in I bought a selection of local fruits from the market – incredibly sweet mangoes, papayas, and vibrant dragon fruit – and enjoyed them with strong Balinese coffee (total £4). This is a daily pleasure that feels so luxurious for the price. I settled down for a morning in the workspace (£15) before going to lunch (£7) with other digital nomads at a popular hangout spot. We share stories and tips about places to work, best local eats, and visa intricacies. It's a fantastic way to build community and feel less isolated. In the afternoon I treated myself to a traditional Balinese massage for £15. This is a regular 'splurge' for me – but incredibly affordable relaxation. The equivalent at home could cost up to £100. I joined a cooking class learning to make traditional Indonesian dishes like sate lilit and gado-gado. The instructor was hilarious, and it was a hands-on way to understand the local cuisine. Plus, I got to eat everything we made, a good deal for £12 a class. I enjoyed a video call with my best friend back in London before bed, sharing stories of my adventures and getting updates from home. It's important to maintain those connections. Total: £38 I decided to take a complete break from work and immerse myself in Balinese culture for the day. After breakfast of coffee and fruit at the guesthouse (£3) I rented a scooter (£7 including petrol) and set off to visit Tirta Empul Temple, a sacred water temple known for its purification rituals. The journey to the temple was an adventure in itself with roads winding through lush rice paddies and small villages, offering breathtaking views. Arrived at Tirta Empul Temple (donation £2). The temple complex is a marvel of Balinese architecture, with intricately carved stone shrines and serene pools. The main attraction is the holy spring, where locals and tourists alike participate in the purification ritual, bathing under the spouts of water. However, I also visited another temple that day – it was beautiful, but sadly absolutely swarming with tourists. It made it difficult to really appreciate the serenity and spiritual significance of the place, which was a shame. I find it's a delicate balance, wanting to see these iconic spots but also wanting to avoid the crowds. Lunch was at a local cafe near the temple where I had gado-gado (Indonesian salad with peanut sauce) and fresh coconut water for £5. After exploring the area surrounding the temples I headed back to the guesthouse and enjoyed a dip in the pool. Dinner at another local spot for just £6. I opted for a flavourful chicken satay with peanut sauce. Total: £23 Coffee and fruit from the local market for breakfast (£2.50) before I head back to the workspace for the day. For lunch I tried a local cafe that was recommended by another digital nomad, and had a very nice vegetable curry (£6). This place had a lovely, quiet atmosphere perfect for a mid-day break. I decided to take a batik class, learning the traditional art of wax-resist dyeing. I even managed to create a small piece myself – definitely not museum-worthy, but a fun, hands-on cultural experience for £10. Dinner with other digital nomads (£8). We met at a local restaurant, sharing stories and tips while enjoying a delicious meal. Total: £41.50 Another fresh fruit and coffee breakfast (£3) before settling in the workspace (£15) to meet client deadlines. For lunch I went to a local seafood restaurant and enjoyed very good grilled fish (£7). In the afternoon I took a silversmithing class (£15), learning to create my own silver jewellery. It was a challenging but incredibly rewarding experience, and I made a simple ring I'm actually proud of. Earlier in the week, I stumbled across this little market selling the most beautiful hand-carved wooden bowls. I managed to haggle the price down to a steal, which felt like a real win. That's the beauty of Bali, amazing little bargains are everywhere if you know where to look. I was craving something different for dinner so I treated myself to a delicious pizza at a local Italian restaurant for £12. Sometimes you just need a taste of home! Total: £52 I rented a scooter to explore the surrounding villages. This gives me incredible freedom and is super cost-effective at just £5 and £2 for petrol. This is where you see the real Bali, away from the main tourist hubs. Lunch was at a roadside stall for a plate of mie goreng (fried noodles) and a fresh coconut (£4). These mini-eateries are the best for authentic, cheap eats. I rode to a nearby beach, enjoying the warm sand and clear water (parking is just £1). The journey itself through the lush landscapes is part of the experience. I enjoyed a seafood dinner (£10) at a restaurant overlooking the ocean, watching the sunset. It's still relatively affordable to have a lovely meal with a view. Bali certainly can be very affordable, especially when it comes to delicious food and local transport. However, those tempting villas with private pools, and the occasional urge for Western comforts, do add up. I'm being mindful of my budget, and generally, my cost of living here is significantly lower than what I was paying in London, allowing me to save more than before. I'm not ruling out a return to the UK at some point, but the idea of travelling more is definitely very appealing. Perhaps a mix of both in the future, where I base myself somewhere for a few months and then move on, is the ideal scenario for me. For now, Bali is home. Total: £22 Week total: £210.50 Sign in to access your portfolio
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28-05-2025
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‘My neighbour's dog savaged my cat, now he won't pay the £3,000 vet bill'
Do you have a legal question to put to Gary? Email askalawyer@ or use the form at the bottom of the page. Hello Gary, I'm asking this question on behalf of my sister. My sister and family live on a pleasant, quiet estate. A few weeks ago, one of her cats was sleeping peacefully in the front garden, when a man who lives elsewhere on the estate walked by with his Rhodesian Ridgeback dog on a lead. The dog saw the cat, broke free from the man and attacked the cat. This was caught on my sister's front door cam. The man managed to get his dog off the cat and rang the bell to apologise. He then walked off. Long and short, the cat suffered life-threatening injuries. It is now on the mend but will have a lifelong injury to one leg. The overall vet bill is about £3,000 and while my sister has the cat insured, it will not cover this amount. The thing that has angered my sister, and indeed other neighbours who know the man, is that he's offered no financial support. My brother-in-law has twice been round to his house to discuss the issue, but the man is not interested. He simply told my brother-in-law that his dog insurance does not cover injury caused to cats. He's clearly not going to do the right thing. Does my sister have any legal recourse to force the man to contribute towards the vet fees? These are fees that were incurred by his dog being out of control and causing great harm to a much-loved family member. All the best, John by email Dear John, I am very sorry about this terrible incident. As you say great harm has been done in what must be distressing circumstances for your sister and her family. My view as a lawyer is that the owner of the dog has legal responsibility for what has happened and arising from that responsibility can be forced to account for his actions. In legal terms pets, including dogs, are chattels, which means they are an item of property like a car or a piece of furniture capable of being owned by an individual. Hence, ownership of a dog is sometimes in dispute in situations like a divorce. In this case, while it is the action of the dog which caused the injury, the responsibility is with the dog owner. It is the Animals Act 1971 which addresses liability for animal-related incidents and makes clear a 'keeper' of an animal, by definition a dog owner, is liable for the actions of a dog. So, as a matter of preliminary evidence you should first establish the owner in this case is the owner of the miscreant dog. I would say the fact he has pet insurance for his dog pins him down on ownership. Under the Animals Act, keepers of animals can be held strictly liable for injuries caused by their dog in certain circumstances. Even if the dog has not shown previous aggression or the owner did not intend harm. In this case the relevant facts and basis of the claim are: The dog caused injury to your sister's cat The dog was not under control, as it broke free from the lead and – The attack was reasonably foreseeable given the involvement of larger, powerful breeds like Rhodesian Ridgebacks, which are known for sometimes aggressive behaviour to smaller animals. I emphasise here that dogs behave instinctively, and it is the owners who should know that and manage their behaviour. In this case, the fact this occurred in a front garden where the cat had a right to be, and the dog was out of control strengthens your sister's potential claim. As well as liability under statute as per the Animals Act, your sister could bring a claim for negligence on the basis the dog owner failed to maintain control of the dog and/or damage to property as her cat is also her chattel so the dog has caused damage to her personal property. All of which means there is a legal basis for a monetary claim against the dog owner. The next issue is to value the claim. This will mean calculating all of the financial loss which has occurred, which in the main will be the vet's bill of £3,000. These losses should be set out with supporting evidence. An initial 'letter of claim' setting out the legal basis of the dog owner's liability (as above) and the financial losses claimed should be sent to the dog owner and he should be given a deadline to reply and pay up. Tell him if he does not pay by the deadline you will issue a claim under the 'small claims track' which can be done online in England and Wales for all monetary claims of a value up to £10,000. Here's the link. If your sister recovers her losses from the dog owner, she will of course have to repay any relevant part of her own insurance claim. Ask a Lawyer should not be taken as formal legal advice, but rather as a starting point for readers to undertake their own further research Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
