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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...
Fergus Wilson (for it is he) has managed to cap such highlights of a landlording career as being convicted of assaulting his letting agent, and evicting tenants (including single mothers or 'battered wives') because they were on housing benefit or likely to...
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...
A collation of cases and stories from the private sector, and a series of reminders that a database of rogue landlords, and indeed banning orders, can't come soon enough. In Sheffield, John Cashin was convicted of 56 offences involving HMO management,...
Birmingham City Council v Wilson [2016] EWCA Civ 1137 In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing...
This is a cautionary tale for DJs and DDJs hearing Equality Act defences. In Birmingham CC v Stephenson [2016] EWCA Civ 1029 (not on Baili yet, but we have seen a transcript), the Court of Appeal considered whether a possession order granted in respect of...
H & Ors, R (On the Application Of) v Ealing London Borough Council [2016] EWHC 841 (Admin) Ealing's allocation policy has already had lawfulness problems, compounded by Ealing's unlawful refusal to do anything about that unlawfulness. But this judicial...
Southern Pacific Mortgage Ltd v V [2015] EW Misc B42 (CC) (19 November 2015) This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings. Ms V had a £96,000 repayment mortgage from...
It appears that Barnet Council (via the Mayor's casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA rates, whichever is lowest. We previously spent some time on...
Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15 When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same 'seriously arguable' summary test as an Article 8 defence, we were...
A post on a County Court case, one well worth looking at for the application of public law principles, the Equality Act and reasonableness. I'm working from a note of judgment, so any quotes should be taken as being from a note, rather than a transcript....
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial). Leicester Housing Association Ltd...