Supreme Court to rule next week in evictions and disability discrimination case

The Supreme Court is scheduled next week (11 March) to hand down its eagerly-awaited judgment in an eviction case between an affordable homes provider and a tenant suffering from post-traumatic stress disorder.

The appeal in Akerman-Livingstone v Aster Communities Limited (formerly Flourish Homes Limited) – UKSC 2014/0202 concerns the correct approach to be taken by the court, in possession proceedings, to defences based on unlawful disability discrimination, contrary to sections 15 and 35 of the Equality Act 2010 and whether the court should approach these defences in the same way as defences based on Article 8 of the European Convention on Human Rights.

The appellant, Jonathan Akerman-Livingstone, was homeless in 2010 so his local housing authority, Mendip District Council, owed him a duty to secure housing under s. 193(2) of the Housing Act 1996.

As part of that duty, the council procured temporary accommodation for Akerman-Livingstone with Aster Communities, a housing association and the respondent in the case, from 5 August 2010.

Mendip then tried to get the appellant to move into another property as his permanent accommodation. However, Akerman-Livingstone found it difficult to choose a different property owing to his illness.

On 11 April 2011, the council discharged its homelessness duty as the appellant had refused to accept an offer of a tenancy at a different property.

On 18 July 2011, a notice to quit was served by Aster Communities on the appellant and on 15 September 2011 a claim for possession was issued.

Although the case was adjourned by consent on 10 July 2012, on 22 October 2012 the respondent applied to reinstate the matter when Akerman-Livingstone again failed to accept offers of alternative accommodation.

Before the County Court possession proceedings, the appellant contended, amongst other things, that the possession proceedings amounted to disability discrimination in breach of the Equality Act 2010.

However, this argument was rejected and the judge found that, as in defences based on Article 8 of the European Convention on Human Rights, there was no need for a full trial as the appellant did not have a seriously arguable case.

Akerman-Livingstone’s appeal, that a full trial was required, was dismissed by the High Court and Court of Appeal.   

The Equality and Human Rights Commission intervened in the case before the Supreme Court.

A five-justice panel comprising Lord Neuberger, Lady Hale, Lord Clarke, Lord Wilson and Lord Hughes heard the case on 10 December 2014.

See also: Evictions and disability discrimination by Jonathan Hulley of Clarke Willmott, which acts for Aster Communities.