Equality and Homeless Appeals

Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405 We first saw this case as a county court appeal (our note here) where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996 homelessness appeal. HHJ Luba QC held that they could not, […]

Jurisdiction: s. 204 appeals

Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable […]

Nominations agreements and the Equality Act

I was excited to see R(Z) v Hackney LBC & Agudas Israel HA (2019) EWHC 139 (Admin), because it is the first case in which the thorny issue of “nomination” rights and, potentially, the concept of a “true void” have arisen for full decision by a court of record (of which I know anyway), and before the […]

Alterations, disability and equality

Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the application of Equality Act 2010 to leasehold covenants. Mr Smailes and Ms Poyner-Smailes bought a two […]

Equality Act and Evictions

Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712 An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order. Mr N was Paragon’s assured tenant. Following possession proceedings on grounds of nuisance and harassment, defended on […]

‘No DSS’ and discrimination

The BBC ran a new report today on a case in Birmingham. The headline – “Landlords who say ‘no DSS’ breaking equality laws” – was, as we shall see, somewhat misleading, but the report did indeed cover a discrimination claim against a letting agency who had refused to consider a woman and single mother as […]

Equalities on the 14th floor

Chatokai v Salford City Council. Manchester Civil Justice Centre, 11 April 2017 (Not reported elsewhere) This was a s.204 Housing Act 1996 appeal of Salford’s review decision that Mr C was not homeless. The central issue was whether Salford’s review officer had adequately addressed her public sector equality duty under s.149 Equality Act 2010. Brief […]