CHAPTER 6
Discrimination
6.1Introduction and statutory machinery Cases
6.10Croydon LBC v Moody (1999) 2 CCLR 92, CA Psychiatric evidence that there was a real prospect of a tenant’s behaviour improving was relevant to whether it was reasonable to make a possession order
6.11North Devon Homes Ltd v Brazier [2003] EWHC 574 (Admin), (2003) 6 CCLR 245 The fact that an eviction would not be justified under the Disability Discrimination Act 1995 was highly relevant to whether it would be reasonable to order possession and, in this case, it would not be
6.12Manchester CC v Romano [2004] EWCA Civ 834, [2005] 1 WLR 2775 A possession order could be granted in favour of a local authority against a disabled secure tenant if the local authority believed it was justified in seeking possession to avoid endangering the health or safety of any neighbours and if it was reasonable in all the circumstances for the local authority to hold that opinion
6.13Lewisham LBC v Malcolm [2008] UKHL 43, (2008) 11 CCLR 573 In this case, the tenant’s breach of contract was not caused by his disability; the landlord had not sought possession for a reason connected with his disability and, in any event, he had not been treated differently than a tenant without that disability who had committed the same breach
6.14R (Gill) v Secretary of State for Justice [2010] EWHC 364 (Admin), (2010) 13 CCLR 193 The Secretary of State had unlawfully failed to make reasonable adjustments so that a prisoner with a learning disability could undertake offending behaviour work that was comprehensible and meaningful for him
6.15Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265, [2010] 2 P&CR 17 A covenant against keeping pets did not discriminate against a disabled tenant
6.16R (McDonald) v Kensington & Chelsea RLBC [2011] UKSC 33, (2011) 14 CCLR 341 It had been unnecessary explicitly to refer to the disability equality duty when undertaking a community care assessment and it could not be inferred that the disability equality duty had been disregarded
6.17Commissioner of Police for the Metropolis v ZH [2013] EWCA Civ 69, (2013) 16 CCLR 109 The police had failed to make ‘reasonable adjustments’ by moderating their approach to physical restraint in the case of a young adult who suffered from severe autism
6.18Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15, [2015] AC 1399 The court should not ordinarily determine summarily a possession claim on disability discrimination grounds that appear to be substantial because, unlike defences under the ECHR, it was not the case that a tenant’s rights under the Equality Act 2010 would almost always be outweighed by the landlord’s property rights