000			02212cab a22002775a 4500
001			L143153
008			080411e20070725xxk f w 000 0 eng d
035			_a(Sirsi) u143153
041	0		_aeng
245	0	0	_aLB Lewisham v Malcolm and another _h[electronic resource]
260			_c2007
520			_a[2007] EWCA Civ 763, 25 July 2007. Considers whether the Disability Discrimination Act 1995 could be used to prevent landlords seeking possession of a premises when a tenant had breached the conditions of his tenancy. The appellant tenant (M) appealed against a possession order. M was a secure tenant of the respondent local authority (L) with the right to buy his flat. He had sublet his flat without obtaining L's permission and therefore lost his secure status and with it the right to buy. L then commenced possession proceedings. It came to light that M had been suffering from schizophrenia. M argued that his illness had caused him to act irrationally and that possession on the basis of his diagnosis would be unlawful. "Held": M's mental impairment did have a substantial bearing on the case. L's possession order was related to this impairment. M did not have to establish that his illness was the cause of the subletting, as the causal relationship did exist. The obtaining of a possession order or serving of notice to quit would therefore amount to unlawful discrimination on grounds of disability. The loss of security did not provide an exception. Appeal allowed.
590			_aKA
650	2	4	_aLB LEWISHAM V MALCOLM AND ANOTHER
650	2	4	_aRICHMOND COURT (SWANSEA) LTD V WILLIAMS
650	2	4	_aCLARK V T D G LTD
650	2	4	_aMANCHESTER CITY COUNCIL V ROMANO
650	2	4	_aDISABILITY DISCRIMINATION ACT 1995 S22
650	2	4	_aDISABILITY DISCRIMINATION ACT 2005
650	2	4	_aHOUSING ACT 1985 S93
651		4	_aEngland and Wales _y1543-
690			_aMANAGEMENT-BUSINESS MANAGEMENT-DISCRIMINATION-DISABILITY DISCRIMINATION
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES-ASSURED TENANCIES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/763.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c80073 _d80073