The duty to take into account the tenant’s disability arises from the Equality Act 2010 and crucially, the relevant sections of that Act apply to both public and private sector landlords. Although the case originated in the English courts, the Equality Act 2010 applies also in Scotland and it is likely that the Scottish courts would adopt a similar approach.
The action for eviction was brought by a housing association (see case Ackerman-Kingstone v Aster Communities Ltd). It had an agreement with the local council that it would grant tenancies to homeless people whom the council were obliged to house. On that basis, the disabled tenant rented temporary accommodation from the housing association on a weekly tenancy.
In this particular case the obligation to house the tenant existed only so long as he accepted an offer of alternative permanent accommodation elsewhere when such accommodation became available. The tenant refused several such offers. The housing association raised a court action on the basis that they had fulfilled their obligation to house the tenant and he should therefore be evicted.
The housing charity Shelter argued successfully on behalf of the disabled tenant that his refusal of offers of alternative accommodation was linked to his disability. Applying the Equality Act 2010, his eviction was not necessary or proportionate because the housing association had a less harmful option available to them when they started proceedings: they could simply have fulfilled their legal duty to another homeless person by letting the disabled tenant stay where he was and offering alternative accommodation to another homeless person instead.
This new ruling allows disabled tenants more rights to stay in a property if:
- they have limited security
- they have no other defences
- the reason they are being evicted is linked to their disability
- there is a more proportionate alternative option open to the landlord
Both public and private landlords must act proportionately and in a non-discriminatory way when moving to evict disabled tenants. Landlords should note that complying with the letter of the procedures governing eviction may therefore not necessarily be sufficient to gain an eviction order against a disabled tenant.
If you would like advice regarding this issue please contact a member of our Housing & Private Letting team.
