header-logo header-logo

14 October 2022 / Edward Peters KC , Kavish Shah
Issue: 7998 / Categories: Features , Property , Landlord&tenant , Equality
printer mail-detail

The Equality Act 2010 and ‘a new deal for renting’

97418
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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll