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,
