Tag Archive for 'disability discrimination'

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Malcolm in brief

By NL on 25/06/2008. 7 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

LB Lewisham v Malcolm [2008] UKHL 43

Court of Appeal thoroughly and unanimously overturned.

The reason for the treatment is the reason in the mind of the landlord, or one which can be imputed to them. So the landlord must be aware or be imputed to be aware of the disability, … Read the full post

Posted in FLW case note, Housing law - All and Possession. Tags: , .

And now Malcolm!

By NL on 25/06/2008. 2 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

Before I even have time to get to grips with Weaver, the House of Lords judgment in Malcolm v Lewisham is out. No time even for a quick look now. Hopefully I’ll get to post something later on.

Previous in series Next in series… Read the full post
Posted in Housing law - All and Possession. Tags: , .

Adjourning pending Malcolm in the Lords

By NL on 03/06/2008. 0 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

One of the three cases mentioned in S v Floyd as forthcoming test of the application of Lewisham v Malcolm on the application of the DDA to possession orders has been heard and adjourned by the Court of Appeal.

LB Croydon v Wright [2008] EWCA Civ 607 (not on Bailii) was adjourned … Read the full post

Posted in Housing law - All and Possession. Tags: , .

S v Floyd and a disability defence

By NL on 27/03/2008. 0 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

This post started as a response to a detailed comment by David Giles, Counsel for Floyd in S V Floyd, on my case report. But his comment and the report by Michael Paget mentioned in my last post – to the effect that Floyd contained a clear rejection of the … Read the full post

Posted in Housing law - All and Possession. Tags: , , , .

DDA and mandatory possession

By NL on 20/03/2008. 5 Comments

Table of contents for Disability Discrimination

  1. Catching up – Disability Discrimination and possession
  2. Disability and tenancy – More on Malcolm
  3. On impotent landlords and disability.
  4. Disability discrimination – the comparator
  5. DDA and mandatory possession
  6. S v Floyd and a disability defence
  7. Adjourning pending Malcolm in the Lords
  8. And now Malcolm!
  9. Malcolm in brief
  10. Comments on Malcolm in the Lords

S v Floyd [2008] EWCA Civ 201 is a Court of Appeal case in which the Disability Discrimination Act 1995 is considered in relation to a mandatory Ground 8 possession claim by a private landlord.

In some ways, there is nothing particularly surprising in the case – the Court found that … Read the full post

Posted in assured-tenancy, FLW case note, Housing law - All and Possession. Tags: , , , , .

Oh for heaven's sake!

By NL on 19/03/2008. 0 Comments

So, I have a very busy day, with no time for any considering of judgments. Nonetheless, I am puzzling over the import of a couple of recent decisions for some clients. Then, on the way home, scanning printouts of the cases, what does my mobile’s web browser reveal to me? Two significant Court of Appeal judgments are out.

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196  on permanent trespassers and Payne v Cooper. Dramatic stuff.

S v Floyd [2008] EWCA Civ 201 (18 March 2008) on DDA and mandatory possession orders. Less dramatic, I think, but some interesting points.

Can’t the higher courts sort out a regular … Read the full post

Posted in Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , , .

Time limitation on disability discrimination defence?

By NL on 19/02/2008. 0 Comments

This is definitely a specialist question, for which I seek housing people’s opinions.

A semi-hypothetical situation:

A suspended possession order made against the client, a secure tenant, two years ago on grounds of rent arrears. Client didn’t attend hearing. Client had contact with mental health services at the time, but it is now clear, on expert’s report, that the client has for some time, including the relevant period, suffered from serious mental health problems and that these are, at the least, related to the the accrual of rent arrears (benefit problems).

Post Malcolm, or even post Romano, there is a prima facie case for an application to set … Read the full post

Posted in Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , , .
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