Discrimination in Housing Law

Author: David Renton
Publisher: Legal Action Group
ISBN: 9781913648565
Published In: March 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 864.50

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Description
Contents

Details

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.

The book 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 leading authorities

The book equips tenants' representatives with all the tools they need to advise and represent their clients. It covers council housing, homes let by housing associations and the private rented sector, as wells as homes held under long leases and mortgages. Discrimination in Housing Law is essential reading for all housing practitioners.

Table of cases

Table of statutes

Table of statutory instruments

Table of European and international legislation Introduction

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

The public sector equality duty PSED: the scheme Complying with the PSED Enforcement

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

Applicants for tenancies or homeless housing, and successors Discrimination against potential tenants/occupiers Local authority cases Succession

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

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

Long leaseholders and mortgagors Service charge disputes Forfeiture Mortgagors defending claims for possession

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

Particulars of Claim: Discriminatory Refusal to Let

Particulars of Claim: Discriminatory Refusal to Do Works

Particulars of Claim: Further Claim by Associated Family Member

Particulars of Claim: Discriminatory Harassment by Landlord

Defence and Counterclaim: Nuisance

Defence and Counterclaim: Rent Arrears

Grounds of Homelessness Appeal: Failure to Apply PSED

Consent Order to Stay Claim and Equality Act Counterclaim

Case Summary: Application to Set Aside Possession Order

Index