header-logo header-logo

02 March 2007 / Tamsin Cox , Edward Peters KC
Issue: 7262 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Property law update

Landlords' obligations under DDA 1995, Statutory protection of tenants, Adverse possession

DISCRIMINATING LANDLORDS

The Court of Appeal in Richmond Court (Swansea) Ltd v Williams [2006] EWCA Civ 1719. [2006] All ER (D) 218 (Dec) has provided welcome guidance about the test to be applied when considering whether a landlord has discriminated against a tenant on the basis of disability, contrary to the provisions of the Disability Discrimination Act 1995 (DDA 1995).

Dorothy Williams was the underlessee of a third floor flat. Her flat was reached by a common staircase, which her lease granted her an easement to use. However, at the age of 81 she was suffering from mobility problems. She could use the stairs only with the greatest difficulty, and needed a stairlift.

The local authority was prepared to pay for the installation of a stairlift, but the headlessee of the block refused to allow it to be installed. Williams claimed that, by refusing its consent, the headlessee was discriminating against her contrary to DDA 1995, s 22(3), and

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
back-to-top-scroll