North Devon Homes Ltd v Brazier
North Devon Homes Ltd v Brazier
- 2003
- Estates Gazette [2003] 22 EG 141-144(4) .
[2003] EWHC 574 (QB), 28 March 2003. Appeal by the tenant (B) from a possession order granted to the respondent landlord (N). B suffered from acute mental disability, which involved her in persistent anti-social behaviour. N initiated possession proceedings relying on a Housing Act 1988 s8 notice. That B's behaviour was in breach of the tenancy agreement was not an issue. A possession order was made holding that N's eviction of B was unlawful under the Disability Discrimination Act 1995 but in the circumstances the 1995 Act could not be allowed to override the discretion to make a possession order under the Housing Act 1988 s7. N cross-appealed. "Held", appeal allowed and cross-appeal dismissed. B's eviction was not justified by the terms of the 1995 Act and was thus unlawful. A possession order should not have been granted because the exercise of the discretion to grant possession promoted the unlawful conduct under the 1995 Act.
TENANCY AGREEMENTS
NORTH DEVON HOMES LTD V BRAZIER
ASSURED TENANCIES
POSSESSION
CLARK V T D G LTD
HOUSING ACT 1988 S8
HOUSING ACT 1988 S7
DISABILITY DISCRIMINATION ACT 1995 S22
DISABILITY DISCRIMINATION ACT 1995 S24
DISABILITY DISCRIMINATION ACT 1995 S24(3)(A)
[2003] EWHC 574 (QB), 28 March 2003. Appeal by the tenant (B) from a possession order granted to the respondent landlord (N). B suffered from acute mental disability, which involved her in persistent anti-social behaviour. N initiated possession proceedings relying on a Housing Act 1988 s8 notice. That B's behaviour was in breach of the tenancy agreement was not an issue. A possession order was made holding that N's eviction of B was unlawful under the Disability Discrimination Act 1995 but in the circumstances the 1995 Act could not be allowed to override the discretion to make a possession order under the Housing Act 1988 s7. N cross-appealed. "Held", appeal allowed and cross-appeal dismissed. B's eviction was not justified by the terms of the 1995 Act and was thus unlawful. A possession order should not have been granted because the exercise of the discretion to grant possession promoted the unlawful conduct under the 1995 Act.
TENANCY AGREEMENTS
NORTH DEVON HOMES LTD V BRAZIER
ASSURED TENANCIES
POSSESSION
CLARK V T D G LTD
HOUSING ACT 1988 S8
HOUSING ACT 1988 S7
DISABILITY DISCRIMINATION ACT 1995 S22
DISABILITY DISCRIMINATION ACT 1995 S24
DISABILITY DISCRIMINATION ACT 1995 S24(3)(A)