header-logo header-logo

10 September 2020 / Nicholas Dobson
Issue: 7901 / Categories: Features , Public , Housing , Equality
printer mail-detail

Possession matters

27158
Nicholas Dobson reports on housing deception & the public sector equality duty

In brief

  • The extent to which the public sector equality duty in s 149 of the Equality Act 2010 might trump a housing possession claim where the tenant had obtained the tenancy through deception.
  • Even after paying due regard to the public sector equality duty and material disabilities, the landlord could lawfully have decided to continue with the possession claim and was highly likely to have done so.
  • The appeal was allowed but the claim remitted to the judge to determine whether it is reasonable to make the order for possession.

Sometimes life throws up some tough dilemmas. Homer’s Odysseus certainly had his share. For having dealt with the Sirens he then managed to sail by the two deadly monsters, Scylla and Charybdis. Scylla (apart from sound lethal talents) was pulchritudinously challenged. Sporting 12 misshapen feet, six necks of ‘prodigious length’, a frightful head at the end of each and three rows of teeth to crush any callers, when a ship passed, all heads would immediately shoot out and confiscate

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll