DDA and mandatory possession

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 the DDA was not […]

Payne-less

Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 is a Court of Appeal judgment on an appeal of an application for revival of tenancy where all the arrears were paid off on a breached suspended possession order. The Court of Appeal was presented with the opportunity to follow its own 1958 decision of […]

While waiting for Weaver…

I’m eagerly awaiting the judgment in R(Weaver) v London & Quadrant, but, in one of those quirks of synchronicity, Bailii has just put the Court of Appeal Judgment in Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001] EWCA Civ 595 up online. It made an interesting re-read, thinking about the issues […]

Follow-ups

There have been some very interesting comments on posts from the last week, and further news on the stories, making a catch up post worthwhile. In no particular order… I am delighted that Tony Fearnley commented on the Helena Housing v Molyneaux & Mower post. Tony, whom a quick google reveals is from Stephensons Solicitors, […]

Right to Buy and suitable alternative accommodation

Where a possession order is sought under Ground 16 Schedule 2 Housing Act 1985 (under-occupation on succession), what happens to the tenant’s right to buy? And is this a factor in weighing the suitability of alternative accommodation and the reasonableness of making an order? Manchester City Council v Benjamin [2008] EWCA Civ 189, a Court […]

Housing Associations and public function to be tested?

[Edit 30 June 08. The judgment in the following case is now out. For a detailed comment, see this post.] According to Inside Housing, London & Quadrant are fighting an application for Judicial Review in Susan Weaver v London & Quadrant Housing Trust. It appears that the applicant is making the full-on challenge – that […]

Considering suspension of possession for ASB

London Borough of Lambeth v Debrah [2007] EWCA Civ 1503 was an application for permission to appeal a Circuit Judge judgment giving an order for possession, which was not suspended or stayed. The appeal was not against the order, but the refusal to suspend. The case was an ASB possession order. There had been serious […]

Suddenly…

there are quite a few cases to cover. Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140  on determining priority in allocation schemes. G, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1506  on accommodation under s.20 Children Act 1989. London Borough of Lambeth […]

Time limitation on disability discrimination defence?

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 […]

Disability discrimination – the comparator

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 comparator against whom the treatment […]