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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
back-to-top-scroll