header-logo header-logo

Disability v possession

18 September 2008 / Nat Duckworth , Adam Rosenthal
Issue: 7337 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Does Malcolm set the bar too high in disability discrimination disputes? Ask Adam Rosenthal and Nat Duckworth

Section 22(3)(c) of the Disability Discrimination Act 1995 (DDA 1995) provides that it is unlawful to discriminate against a disabled person by evicting him or subjecting him to any other detriment. A person discriminates if “for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply” and that treatment is not “justified” within the limited meaning of DDA 1995, s 24. But how in practice will this affect landlords when seeking to obtain possession of premises occupied by a disabled person? The recent decision of the House of Lords in Lewisham London Borough Council v Malcolm [2008] UKHL 43, [2008] All ER (D) 342 (Jun) has provided some useful guidance in this difficult area.

Unlawful sub-letting

In Malcom a local authority brought possession proceedings against a tenant, who unbeknown to it had been

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll