Overview

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.

Full Product Details

Publisher:   Legal Action Group
Imprint:   Legal Action Group
Dimensions:   Width: 14.80cm , Height: 1.40cm , Length: 21.00cm
Weight:   0.350kg
ISBN:  

9781913648565

ISBN 10:   1913648567
Pages:   268
Publication Date:   11 March 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

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

Reviews

‘A brilliant, timely and essential contribution to our understanding of the theory and practice of discrimination law in housing. Renton renders the complex matrix of different types of discrimination accessible, elucidates the remedies available and illuminates the procedures required to secure them. This is exactly what I need and Discrimination in Housing Law will go straight on my shelf to be consulted on a daily basis.’ Simon Mullings, Hammersmith and Fulham Law Centre

Author Information

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).

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