Discrimination in Housing Law

Buch | Softcover

268 Seiten

2024
Legal Action Group (Verlag)
978-1-913648-56-5 (ISBN)

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Anti-discrimination principles play an increasingly important part in housing law, whether to defend occupiers threatened with possession proceedings or as an additional route to require landlords to fulfil their duties under a tenancy agreement. Discrimination in Housing Law is a concise but authoritative guide to the use of equality principles in housing law, together with practical guidance for any practitioner bringing or defending such a claim.
Discrimination in Housing Law provides:
•guidance on how the main Equality Act 2010 duties arise and how landlords are covered by them
•coverage of the duties of public bodies to give due regard to the need to advance equality
•advice as to what can be done in conflicts predating a housing relationship, in ongoing housing relationships and in possession proceedings
•practical step-by-step guidance on how to bring a discrimination claim
•an extensive set of precedents with worked examples used at all stages of the court process
•explanation of the relevant statutes and the leading authorities.
Discrimination in Housing Law equips tenants’ representatives with all the tools needed to advise and represent their clients. It covers council housing, homes let by housing associations and the private rented sector, as well as homes held under long leases and mortgages.

David Renton is a barrister and historian. Since 2008, he has practised from Garden Court Chambers in London. He acts for tenants in disrepair hearings and in homelessness appeals. He regularly represents tenants and mortgagors in possession hearings where possession is defended on Equality Act 2010, human rights or public law grounds. David is also the author of 'Jobs and homes: stories of the law in lockdown' (Legal Action Group, 2021).

Table of cases
Table of statutes
Table of statutory instruments
Table of European and international legislation
Introduction
1 The Equality Act 2010 – the statutory torts
Distinction between Part 3 and Part 4
Duties of landlords and others
Definitions of protected characteristics
The statutory torts
Proving discrimination
Enforcement
2 The public sector equality duty
PSED: the scheme
Complying with the PSED
Enforcement
3 Discrimination on other grounds
Difference between the PSED and Part 2 duties
Reconceiving direct discrimination claims as claims under other characteristics
The prohibition on discrimination in human rights law
4 Applicants for tenancies or homeless housing, and successors
Discrimination against potential tenants/occupiers
Local authority cases
Succession
5 Ongoing housing relationships
Repair, fitness, defective premises in light of the Equality Act 2010
Quiet enjoyment, derogation from grant, and harassment
Landlord injunctions
Housing for vulnerable and disabled persons
6 Claims for possession
Equality Act 2010 Part 2 defences
Public sector equality duty defences
Rent arrears claims
Nuisance claims
Other protected characteristics
New grounds of possession in the Renters (Reform) Bill
What if the landlord does not give reasons for seeking possession?
Summary hearings
Equality Act 2010 defences at the enforcement stage
Moratoria
7 Long leaseholders and mortgagors
Service charge disputes
Forfeiture
Mortgagors defending claims for possession
8 Civil procedure
Defences and counterclaims
Practice Direction and pre-action duties
Summary assessment of Equality Act 2010 defences to possession claims
Appointments of assessors
Vulnerable witnesses
Capacity
Precedents: Statements of Case
1 Particulars of Claim: Discriminatory Refusal to Let
2 Particulars of Claim: Discriminatory Refusal to Do Works
3 Particulars of Claim: Further Claim by Associated Family
Member
4 Particulars of Claim: Discriminatory Harassment by Landlord
5 Defence and Counterclaim: Nuisance
6 Defence and Counterclaim: Rent Arrears
7 Grounds of Homelessness Appeal: Failure to Apply PSED
8 Consent Order to Stay Claim and Equality Act Counterclaim
9 Case Summary: Application to Set Aside Possession Order
Index

Erscheinungsdatum	13.03.2024
Verlagsort	London
Sprache	englisch
Maße	148 x 210 mm
Gewicht	350 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Baurecht (privat)
	Sozialwissenschaften ► Soziologie
ISBN-10	1-913648-56-7 / 1913648567
ISBN-13	978-1-913648-56-5 / 9781913648565
Zustand	Neuware