UK landlords are facing an increasingly complex challenge in possession proceedings as the number of disability discrimination defences rises. This shift is partly due to the abolition of Section 21 'no-fault' evictions, which has forced landlords to rely more heavily on grounds such as rent arrears or anti-social behaviour.
Barrister Sonia Rai warns that many landlords remain unaware of how disability discrimination can be raised by tenants as a defence or even a counterclaim for damages. With experts predicting these arguments will become far more frequent in county courts, unprepared landlords risk costly outcomes.
Under the Equality Act 2010, tenants with a disability can argue that their rent arrears or behaviour directly arose because of their condition. The court must consider whether the landlord's pursuit of possession is a proportionate means of achieving a legitimate aim, or if alternative steps could have been taken before initiating eviction proceedings.
The Act's definition of disability is broader than many assume, encompassing physical and mental impairments that have a substantial and long-term impact on daily activities. This can include conditions such as ADHD, various mental health conditions, and long-term illnesses. Medical evidence is frequently presented in court to support such claims, and challenging this evidence can incur significant costs for landlords.
A notable County Court case from March 2020 highlights the potential for disability discrimination claims to reverse dramatically. In Radcliffe and Paterson, landlords sought possession based on over £8,000 in rent arrears but were met with counterclaims that included failure to provide prescribed tenancy information, disrepair, and disability discrimination. The court awarded the tenant nearly £9,000 in total damages, leading to the landlords owing the tenant money and the possession order being deemed unreasonable.
The implications for the private rented sector are substantial. Landlords may need to adopt a more nuanced approach to managing tenancies, particularly when issues like arrears or behaviour problems arise. Proactive communication and a willingness to explore reasonable adjustments for tenants with disabilities could become crucial in mitigating legal risks and avoiding lengthy, expensive court battles.
Source: Property118