Friday, 25 April 2014

Landlord wins right to evict disabled tenant

A disabled woman has been evicted from her house after losing a court case in which she argued that it would be unlawful to remove her because of her disabilities.

A disabled woman has been evicted from her house after losing a court case in which she argued that it would be unlawful to remove her because of her disabilities.


Jephson Housing Association brought the case after Patricia Rowley breached the terms of an anti-social behaviour order granted following neighbours' complaints that she was verbally abusive and threw objects at



Rowley, who has a history of mental health problems and is physically disabled, based her defence on section 1 of the Disability Discrimination Act 1998 and said Jephson would be acting illegally if it moved to evict her.


But Jephson argued that even if the court held that Rowley did suffer from a mental impairment and was unable to control her behaviour, it was still justified in pursuing possession.


'This was a complex case given the vulnerability of the individual concerned and the implications of the Disability Discrimination Act,' said Phil Green, midlands regional director at Jephson.


'Notwithstanding this, the association could no longer tolerate Rowley's extreme anti-social behaviour.'


The judge at Coventry County Court found in favour of the housing association.


The eviction came as the Court of Appeal ruled that a mother could not use her learning disabilities as a defence against eviction because of her teenage son's behaviour (Inside Housing, 26 May).




  • Rule of law

    31 July 2013

  • Rumour has it


    Tenant complaints have the power to ruin lives - even if they have no basis in reality, argues Inside Housing’s anonymous columnist

  • Woman jailed for abusing housing employee

    16 July 2013

    An ‘extremely abusive’ 46-year-old who threatened to push a housing association worker off a ladder has been jailed for eight months.

  • Housing benefit removal regulations upheld by judges

    7 January 2014

    It is lawful to discriminate against tenants with disabilities by removing their housing benefit if their home is left unoccupied for more than a year, top judges have ruled.

  • Housing groups slam bedroom tax ruling

    30 July 2013

    Housing groups and charities have been left ‘deeply disappointed’ after the High Court dismissed a legal challenge to the government’s bedroom tax.


  • The full wait of the law


    Probationary tenants can now use good behaviour as a defence against eviction, says Jonathan Hulley, partner at Clarke Willmott

  • The long road to justice


    The High Court’s decision regarding the bedroom tax and disabled people is just the beginning, says Jane Plant, an associate at Weightmans

  • The cost-cutting continues


    More cuts to legal aid will further limit tenants’ ability to bring cases to court, says Ole Hansen, partner at Hansen Palomares Solicitors

  • Rights law is an asset


    Without article 8, those in bedroom tax disputes will have an uphill struggle, says Giles Peaker, solicitor at Anthony Gold

  • Keeping tenants safe


    Landlords should be aware of changes to the definition of domestic violence, says Paul Hayes, head of housing litigation and dispute resolution at Lewis Silkin