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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

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

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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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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