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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.
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.
The Chair of the Bar sets out how the new government can restore the justice system
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The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts