header-logo header-logo

The Equality Act 2010 and ‘a new deal for renting’

14 October 2022 / Edward Peters KC , Kavish Shah
Issue: 7998 / Categories: Features , Property , Landlord&tenant , Equality
printer mail-detail
97418
Possession assured? Kavish Shah and Edward Peters consider changes in claims against ASTs and secure tenants
  • Covers the ‘new deal’ for Assured Shorthold Tenants & the Equality Act 2010.
  • Considers the impact of Croydon LBC v Kalonga.

Equality Act 2010 defences against evictions are likely to remain available following the proposed government reforms to assured shorthold tenancy (AST) grounds for possession. However, the increase in mandatory grounds will be likely to reduce the success of such defences in certain circumstances, such as where a landlord is seeking to sell their property.

Equality Act defences

Section 21 of the Housing Act 1988 currently contains a no-fault, mandatory, route for a landlord to obtain possession from an AST tenant. Section 8 of the 1988 Act allows a landlord of an AST tenant to obtain possession if it can make out a specified ground in Sch 2 of the Act; some of these grounds are discretionary, eg neglect of the property,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll