Tag Archive for 'disability'

Possession and disability: The reach of ss 49A DDA & 149 EA

By Dave on 27/07/2011. 0 Comments

In Barnsley MBC v Norton [2011] EWCA Civ 834, the Court of Appeal considered the application of section 49A(1)(d), Disability Discrimination Act 1995,  to the decision of Barnsley to seek and obtain a possession order against Mr Norton and his family. Section 49A(1)(d) reads as follows:

(1) Every public authority shall in carrying out its functions have due regard to … (d) the need to take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons.

There was an Article 8 defence but the appeal was decided on the basis of this provision (and its successor, s 149, Equality Act … Read the full post

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

A limited enjoyment?

By NL on 19/04/2011. 0 Comments

Beedles v Guinness Northern Counties Ltd [2011] EWCA Civ 442

This was the appeal of the first instance decision in Mr Beedle’s claim under the Disability Discrimination Act 1995, Section 24C. We reported that case here. As we noted in that report, this is of significance for the Equality Act 2010 as the relevant provisions on auxiliary aids or services are virtually the same.

I won’t rehearse the facts at length, but Mr B was the assured tenant of GNC. His tenancy agreement made internal decorations his responsibility. It was accepted that the decorations were in a poor, rather tatty state, although dreadful. Mr B was disabled and unable … Read the full post

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

Homelessness – ‘due regard’ to disability

By NL on 12/10/2010. 4 Comments

Pieretti v London Borough of Enfield [2010] EWCA Civ 1104

This is an odd case, in lots of ways, but what is decided in this appeal to the Court of Appeal is potentially of broader significance and certainly useful as clarification. The issue was whether, and if so to what extent, the duty on local authorities under (1) of s.49A of the Disability Discrimination Act 1995 applies to exercise of powers and discharge of duty under Part VII of Housing Act 1996 – the homelessness provisions.

S.49A is to be replaced, at a date not yet set, by wider and perhaps stronger provisions in s.149 of the Equality Act 2010, … Read the full post

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

On ramps and suitability

By NL on 29/10/2008. 4 Comments

Boreh v London Borough of Ealing [2008] EWCA Civ 1176 was an appeal from a s.204 appeal of a s.202 review that upheld a finding that a property offered in discharge of s.192(3) duty was suitable.

Mrs Boreh was owed the full housing duty by Ealing. Ealing offered a property in discharge of that duty, which Mrs Boreh rejected as unsuitable. Ealing found on review that it was. Mrs Boreh is significantly disabled, uses a wheelchair and cannot stand unaided for more than 2 minutes.

Her daughter saw the property on her behalf and rejected it, giving a number of reasons. of these, the one that remained significant on appeal … Read the full post

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

Disability discrimination – the comparator

By NL on 20/01/2008. 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

Following on from the previous post, and the detailed discussions that took place in the comments to that post, I wanted to try to clarify for myself the key element of establishing discrimination, which hopefully may be of use for others. In particular, I want to address who is the … Read the full post

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

Disability and tenancy – More on Malcolm

By NL on 15/09/2007. 19 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

I posted on Lewisham v Malcolm ten days ago. Since then a couple of commentors have raised issues and Tessa has posted on the implications of the case at Landlord Law. So it seemed worth a further look. The caveat is that what follows is my understanding of the Judgment … Read the full post

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

Catching up – Disability Discrimination and possession

By NL on 04/09/2007. 9 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

Time for some substantive law at last. I missed this one while I was on holiday and have just had it brought to my attention.

LB Lewisham -v- Malcolm & Disability Rights Commission (Intervener) [2007] EWCA Civ 763. A very interesting case on the application of the Disability Discrimination Act … Read the full post

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