000			01774cam a2200277 4500
001			ABS67006
008			030829n2003 000 0 eng u
035			_a(Sirsi) u123400
245			_aNorth Devon Homes Ltd v Brazier
260			_c2003
490			_aEstates Gazette _v[2003] 22 EG 141-144(4)
520			_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.
590			_aABS
650			_aTENANCY AGREEMENTS
650			_aNORTH DEVON HOMES LTD V BRAZIER
650			_aASSURED TENANCIES
650			_aPOSSESSION
650			_aCLARK V T D G LTD
650			_aHOUSING ACT 1988 S8
650			_aHOUSING ACT 1988 S7
650			_aDISABILITY DISCRIMINATION ACT 1995 S22
650			_aDISABILITY DISCRIMINATION ACT 1995 S24
650			_aDISABILITY DISCRIMINATION ACT 1995 S24(3)(A)
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
942			_n0
999			_c73299 _d73299