10 September 2020 / Nicholas Dobson

Issue: 7901 / Categories: Features , Public , Housing , Equality

Possession matters

Nicholas Dobson reports on housing deception & the public sector equality duty

In brief

The extent to which the public sector equality duty in s 149 of the Equality Act 2010 might trump a housing possession claim where the tenant had obtained the tenancy through deception.
Even after paying due regard to the public sector equality duty and material disabilities, the landlord could lawfully have decided to continue with the possession claim and was highly likely to have done so.
The appeal was allowed but the claim remitted to the judge to determine whether it is reasonable to make the order for possession.

Sometimes life throws up some tough dilemmas. Homer’s Odysseus certainly had his share. For having dealt with the Sirens he then managed to sail by the two deadly monsters, Scylla and Charybdis. Scylla (apart from sound lethal talents) was pulchritudinously challenged. Sporting 12 misshapen feet, six necks of ‘prodigious length’, a frightful head at the end of each and three rows of teeth to crush any callers,

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Possession matters

Nicholas Dobson reports on housing deception & the public sector equality duty

In brief

The extent to which the public sector equality duty in s 149 of the Equality Act 2010 might trump a housing possession claim where the tenant had obtained the tenancy through deception.
Even after paying due regard to the public sector equality duty and material disabilities, the landlord could lawfully have decided to continue with the possession claim and was highly likely to have done so.
The appeal was allowed but the claim remitted to the judge to determine whether it is reasonable to make the order for possession.

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Possession matters

In brief

In brief

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Gilson Gray—Gregor Duthie & Stephen Forsyth