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14 October 2022 / Edward Peters KC , Kavish Shah
Issue: 7998 / Categories: Features , Property , Landlord&tenant , Equality
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The Equality Act 2010 and ‘a new deal for renting’

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Possession assured? Kavish Shah and Edward Peters consider changes in claims against ASTs and secure tenants
  • Covers the ‘new deal’ for Assured Shorthold Tenants & the Equality Act 2010.
  • Considers the impact of Croydon LBC v Kalonga.

Equality Act 2010 defences against evictions are likely to remain available following the proposed government reforms to assured shorthold tenancy (AST) grounds for possession. However, the increase in mandatory grounds will be likely to reduce the success of such defences in certain circumstances, such as where a landlord is seeking to sell their property.

Equality Act defences

Section 21 of the Housing Act 1988 currently contains a no-fault, mandatory, route for a landlord to obtain possession from an AST tenant. Section 8 of the 1988 Act allows a landlord of an AST tenant to obtain possession if it can make out a specified ground in Sch 2 of the Act; some of these grounds are discretionary, eg neglect of the property,

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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