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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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