Steven Laidley v Metropolitan Housing Trust Limited
[2024] EWHC 2611 (Ch)
Reading Borough Council v Tina Holland
24 July 2023
[2023] EWHC 1902 (Ch)
High Court
A council evicted a tenant with mental health issues who was causing problems for neighbours. Even though she was disabled, a judge decided the council had done everything it could to help her and that the problems caused by her behaviour were so serious that eviction was the only fair thing to do.
Key Facts
- •Tina Holland (Appellant), a 62-year-old with emotionally unstable personality disorder (EUPD), was an introductory tenant of a sheltered flat owned by Reading Borough Council (Respondent).
- •Holland's tenancy was marked by repeated breaches, including interference with the emergency communication system and abuse of staff.
- •The Council sought possession under Section 127 of the Housing Act 1996.
- •Holland defended the claim on grounds of breach of the public sector equality duty (PSED) under Section 149 of the Equality Act 2010 and disability discrimination under Section 15 of the same Act.
- •Holland made a late offer to settle, agreeing to stay in Reading, but this was rejected.
- •The trial judge found in favor of the Council, ordering possession.
Legal Principles
Public sector equality duty (PSED)
Section 149(1) Equality Act 2010
Disability discrimination
Section 15 Equality Act 2010
Proportionality in disability discrimination cases
Case law: Birmingham City Council v Stephenson [2016] EWCA Civ 1029, Aster Communities Limited v Akerman-Livingstone [2015] UKSC 15, Paragon Asra Housing Ltd v Neville [2018] EWCA Civ 1712
PSED application in possession cases
Case law: London & Quadrant Housing Trust v Patrick [2019] EWHC 1263
Rigorous consideration of PSED
Case law: Kannan v Newham LBC [2019] EWCA Civ 57
Consideration of post-eviction situation
Case law: Barnsley MBC v Norton [2011] EWCA Civ 834
Outcomes
Appeal dismissed.
The judge’s decision was upheld because the Council demonstrated due regard to the PSED and showed that eviction was proportionate despite the Appellant's disability. The Council's extensive efforts to support the tenant, combined with the severity of the tenant's anti-social behavior, justified the decision.
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