I can’t help feeling that this case was a cheeky try on by the tenant, although everyone seems to be taking it seriously. It is an interesting illustration to my discussion on the covenant of quiet enjoyment which I wrote about here and the meaning of the word ‘enjoy’. Beedles v. Guinness Northern Counties Ltd…
Landlords the length and breadth of the country will (or should) be celebrating the House of Lords decision in the leading case of Lewisham v. Malcolm, (discussed by me previously here) and the reversal of the previous Court of Appeal decision. This denied Lewisham a possession order on the basis that Mr Malcolm’s subletting of…
Readers who were interested in my earlier post on the landlord whose disabled tenant appealed against a possession order obtained under s21, will be interested in this quote from the final paragraph in the report in the recent case of S -v- Floyd (with the Equality and Human Rights Commission joined in as an interested…
Readers may be interested to learn that I have been contacted by a landlord who tells me that his tenant is defending, or rather seeking to overturn, a possession order obtained via the accelerated procedure under section 21, under the provisions of the Disability Discrimination Act 1995. This is the very situation I was concerned…
Speaking to a solicitor friend of mine recently who does housing association repossession work, she said bitterly that it seemed to be impossible nowadays to evict tenants who have any sort of disability. She is not going to be pleased with the recent Court of Appeal decision in London Borough of Lewisham -v- Malcolm. Mr…
There is an interesting report in the Times on a case, Williams v Richmond Court (Swansea) Ltd (heard on 14 December 2006), on disability discrimination. The landlord was appealing against the Judge’s finding against him at first instance that he discriminated against 81 year old tenant Mrs Williams who had requested he install a stair…
The Landlord Law Newsletter, For landlords and letting agents, separate tenants version available
Join Ben and Tessa's Front Liner newsletter, for social housing workers
How will the new Equality Act 2010 affect housing law?
The Equality Act 2010 While loading up content for my new Landlord Law site, I realised that I may have to change most of what I have about discrimination due to the new Equality Act, which comes into force on 1 October. I had a quick look at the Equality and Human Rights Commission web-site…