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Property law update

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