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Possession Claims and the Equality Act 2010

Speaker: Jonathan Manning
Chambers: 4-5 Gray's Inn Square

Jonathan is a founder member of his Chambers, specialising in local government, housing and public law. He has, for many years, been recommended by Chambers and Partners and Legal 500 in the fields of social housing and local government work. He also appeared in many of the leading decisions in the Supreme Court and Court of Appeal concerning Human Rights Act defences to possession proceedings against non-secure occupiers.

In this presentation, Jonathan outlines the main type of defences that are likely to arise under the Equality Act 2010 in relation to possession claims. He outlines the mechanics of the Act, showing how protective characteristics and the Public Sector Equality Duty can work in practice. He uses various examples, referring to relevant case law.

Key Words/Topics

Possession Claims

Equality Act 2010

Direction discrimination

Indirect discrimination 

Discrimination by managers of premises

Reasonable adjustments in respect of premises

Luton Community Housing Limited v Durdana

Public Sector Equality Duty

Protected Characteristics

(Disability) Regulations 2010

Akerman-Livingstone v Aster Communities Ltd

R (Elias) v Secretary of State for Defence

Bank Mellat v HM Treasury (No 2)

Discrimination by eviction

Powell v Dacorum BC

Luton Community Housing v Durdana [2020] EWCA Civ 445

Defending possession claims after Durdana

Equality Act assessors

More about Jonathan Manning

He regularly appears for individual applicants (including tenants and homeless persons) as well as for local and other public authorities (including private registered providers of social housing), in all courts and tribunals.

He is described in Chambers and Partners 2017 as a “standout practitioner”, “a fountain of knowledge”, “an absolute pleasure to work with”, and “a key player who regularly formulates important points of principle…cuts through issues with ease and is great with clients”.

His practice encompasses all aspects of local government, housing and property work, and involves, in particular, issues of public law, human rights and equalities relating to the public authority governance, powers and service delivery. He frequently also deals with finance, council tax, waste collection and disposal, private sector licensing and enforcement, homelessness and housing rights, housing benefit, mobile homes, landlord and tenant and leasehold service charges. He advises frequently on issues of policy and strategy, including in relation to vires, budgetary reductions, charging, service delivery structures, and joint arrangements with the private and/or third sectors.

Jonathan delivers training to clients on a regular basis, both at conferences and in bespoke sessions, and is a published author in his fields of practice (most recently Judicial Review Proceedings – a practitioner’s guide (3rd edition) LAG).