A possession order had been obtained by the local authority, but the tenant later produced evidence that she was a diabetic dyslexic. Croydon did not at first enforce the possession order, until the arrears of rent began to increase again. The tenant applied for a stay of the warrant of execution.
Held: The second application for a stay was supported by evidence that the tenant’s inability to pay her rent was linked to her inefficiency in handling her financial affairs, which in turn was linked to what was alleged to be her disability. An injunction was granted to suspend the possession order and the court remitted the application to stay the warrant on the basis that prima facie the appellant was a disabled person for the purposes of the 1995 Act.
Judges:
Eady J
Citations:
[2007] All ER (D) 95
Statutes:
Disability Discrimination Act 1995
Cited by:
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, . .
Lists of cited by and citing cases may be incomplete.
Housing, Discrimination
Updated: 01 May 2022; Ref: scu.266366