The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination.
Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession oder, whether it had a discretion, and how that discretion should be enforced. It was necessary to examine both whether there was an actual subjective view that a tenant was a nuisance and also whether that view was objectively justified. In each case the authority had met these requirements, and the appeals against the possession orders were dismissed. The court approved the definition of health as being ‘a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity’.
Judges:
Lord Justice Brooke Sir Martin Nourse Lord Justice Jacob
Citations:
[2004] EWCA (Civ) 834, Times 27-Jul-2004, [2004] HLR 878, [2005] 1 WLR 2775, [2004] 4 All ER 21, [2005] L and TR 13, [2005] BLGR 282, (2005) 83 BMLR 175
Links:
Statutes:
Housing Act 1985 Sch2 Gr5, Disability Discrimination Act 1995 22, Human Rights Act 1998 3
Jurisdiction:
England and Wales
Citing:
Cited – Hutchison 3G UK Ltd v Mason EAT 1-Jul-2003
EAT A cocaine addict who suffered from clinical depression claimed discrimination on the ground of disability.
Held: There was expert medical evidence before the employment tribunal which had entitled it to . .
Cited – A Power v Panasonic UK Ltd EAT 17-Sep-2002
EAT The tribunal had held that the applicant was not a disabled person within the meaning of the Act because only of an addiction to alcohol. This was not to be treated as an impairment. She also suffered from . .
Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Cited – Morgan v Staffordshire University EAT 11-Dec-2001
The EAT gave guidance on the approach to be adopted in cases where a mental impairment is alleged by a complainant. After referring to paragraph 1 of Schedule 1 of the Act: ‘Accordingly, in general there will be three or possibly four routes to . .
Cited – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
Cited – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
Cited – Goodwin v Patent Office EAT 3-Feb-1999
Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not . .
Cited – Damon Rose v Raymond Bouchet ScSf 19-May-1999
When applying the test within the section, there is a need for the alleged discriminator to show that it was reasonable in all the circumstances of the case for him to hold the opinion in question: ‘In my opinion, that part of the test requires an . .
Cited – Ashworth v United Kingdom ECHR 20-Jan-2004
The responsibility of the state under article 8(1) may be engaged where an applicant is directly and seriously affected by noise pollution, even where the nuisance emanated from the activities of private individuals. . .
Cited by:
Cited – Knowsley Housing Trust v McMullen CA 9-May-2006
The defendant tenant appealed an order for possession of her flat. She was disabled and living with her 19 year old son. He had been made subject to an anti-social behaviour order. The court had found that she could have required him to leave. The . .
Cited – London Borough of Lewisham v Malcolm and Disability Rights Commission CA 25-Jul-2007
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the . .
Applied – Richmond Court (Swansea) Ltd v Williams CA 14-Dec-2006
Section 24 of the 1995 Act requires the court ‘(i) to identify the treatment of the disabled person that is alleged to constitute discrimination, (ii) to identify the reason for that treatment, (iii) to determine whether the reason relates to the . .
Cited – S v Floyd, Equality and Human Rights Commission CA 18-Mar-2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, . .
Cited – S v Floyd, Equality and Human Rights Commission CA 18-Mar-2008
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, . .
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Lists of cited by and citing cases may be incomplete.
Housing, Discrimination, Human Rights
Updated: 09 September 2022; Ref: scu.198480