Archive for September 2007
The Defendant partnership admitted liability for failure to advise the Claimants on the effect that a change made to a lease would have on the rent review clause but the Court held that the act of extricating oneself from a predicament by taking reasonable steps did not break the chain of causation.
The Appellant tenant’s appeal against a decision requiring him to give up possession of a flat to the Respondent was dismissed. A primary consideration in deciding whether a protected tenancy had been created is the purpose for which the premises were let. As the sole purpose was to preserve the parties’ position pending conclusion of possession proceedings the intention of the parties was to limit the occupation to that duration and no secure tenancy had been created.
Speaking to a solicitor friend of mine recently who does housing association repossession work, she said bitterly that it seemed to be impossible nowadays to evict tenants who have any sort of disability. She is not going to be pleased with the recent Court of Appeal decision in London Borough of Lewisham -v- Malcolm.
Time for some substantive law at last. I missed this one while I was on holiday and have just had it brought to my attention.
LB Lewisham -v- Malcolm & Disability Rights Commission (Intervener)  EWCA Civ 763. A very interesting case on the application of the Disability Discrimination Act 1995 to a possession case, [...]