000			01744cad a22002415a 4500
001			L144352
008			080714e20080625xxk f v 000 0 eng d
035			_a(Sirsi) u144352
041	0		_aeng
245	0	0	_aLewisham London Borough Council v Malcolm _h[electronic resource]
260			_c2008
520			_a[2008] UKHL 43.The case concerned the practical application of the Disability Discrimination Act 1995 in housing. A local authority (L) tried to evict a disabled person (M), who had moved elsewhere, from his council flat because he had sublet the property in breach of the terms of his tenancy agreement. L had served a notice to quit and started possession order proceedings. M argued that he was disabled under the 1995 Disability Discrimination Act, and that L had unlawfully discriminated against him. The Court of Appeal found in favour of M, however L then appealed. Held: appeal allowed. There was no evidence of discrimination by L against M, or that L was aware of M's disability when it made its decision to evict. Nor was there evidence that he was being treated less favourably than others who had sublet and were not disabled. The approach adopted by the previous court to comparators in Clark v TDG Ltd was wrong. Taylor v OCS Group Ltd applied.
590			_aKA NTK
650	2	4	_aHOUSING ACT 1985
650	2	4	_aDISABILITY DISCRIMINATION ACT 1995
650	2	4	_aCLARK V T D G LTD
650	2	4	_aTAYLOR V OCS GROUP LTD
650	2	4	_aS v FLOYD
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
856	4	0	_uhttps://www.bailii.org/uk/cases/UKHL/2008/43.html _zView the judgment free of charge at www.baiili.org...
942			_n0
999			_c80441 _d80441