Liam Varnam successfully defends High Court appeal concerning possession orders and the Equality Act

Liam Varnam, of Fenners’ Property Group, recently acted in TM v Metropolitan Housing Trust Ltd [2020] EWHC 311 (QB), representing the housing trust in its defence of an appeal from a possession order made after a trial at Cambridge County Court.

The tenant argued that a possession order should not be made against him because of his mental ill-health, relying on the Equality Act 2010, and alleging in particular that the decision to pursue possession proceedings was unlawful discrimination arising from disability, and that possession should be refused because the housing trust had breached the public sector equality duty. The housing trust succeeded at first instance and again before Mr Justice Johnson. The tenant is seeking permission to take the case to the Court of Appeal.

The High Court judgment is one of the most recent in a string of judgments on these points, in the context of possession proceedings. Liam Varnam has written a case note addressing the issues arising, which can be read here:-