header-logo header-logo

10 September 2020 / Nicholas Dobson
Issue: 7901 / Categories: Features , Public , Housing , Equality
printer mail-detail

Possession matters

27158
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,

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll