Thursday, 23 October 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

them.

 

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).

 

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