Akerman-Livingstone v Aster Communities Ltd (formerly Flourish Homes Ltd)

Housing – Homeless person. The issue before the court was whether a court in possession proceedings under the Housing Act 1996 should approach a defence based on disability discrimination in the same way as it would approach one based on art 8 of the European Convention, on Human Rights and if so whether the judge had correctly applied that approach. The effect of recent case law was that where a tenant relied on art 8(1) as a defence to possession proceedings brought by an authority or a social landlord, he had to show a seriously arguable case and that the threshold for raising an arguable case on proportionality was a high one, which would only succeed in a small proportion of cases. The Court of Appeal endorsed that approach.

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