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

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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