header-logo header-logo

13 September 2007 / Mark Sefton , Oliver Radley-Gardner
Issue: 7288 / Categories: Features , Property
printer mail-detail

Property Law Update

MORE TEETH FOR DDA 1995 >>
RIGHT TO LIGHT >>
COHABITATION >>

Lewisham London Borough Council v Malcolm [2007] EWCA Civ 763, [2007] All ER (D) 401 (Jul)

In Malcolm the Court of Appeal was asked to consider the effect of the Disability Discrimination Act 1995 (DDA 1995) on mandatory orders for possession. Courtney Malcolm, a secure tenant under the Housing Act 1985, sought to exercise his right to buy, but had, before completion, lost his statutory security of tenure by subletting without the consent of Lewisham. Discovery of the subletting prompted Lewisham to refuse to complete and instead to issue possession proceedings. Malcolm was suffering from schizophrenia, a fact of which Lewisham was unaware. At trial, there was some evidence to suggest that, at the time of the subletting, Malcolm’s condition had become more severe, possibly due to a change in the manner of administration of his medication.

Interaction between possession orders

The question of the interaction between possession orders and DDA 1995 has been considered before, in Manchester City Council v Romano [2004] EWCA Civ 834, [2004] 4 All ER

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll